Birbal S/O Shri Gangaram vs The State Of Rajasthan
2021 Latest Caselaw 3315 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Bail Cancellation Application No. 80/2021

Birbal S/o Shri Gangaram, R/o Todawali Tan Amai Kotputli
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan, Through The P.p.
2.       Yogesh Kasana S/o Rohitash Kasana, R/o Vill. Amai Ps
         Kotputli Jaipur Dist. Jaipur
                                                                 ----Respondents

For Complainant- : Mr. Arvind Kumar Gupta through VC Petitioner(s) For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

30/07/2021

1. Petitioner has filed this bail cancellation application under

Section 439 (2) Cr.P.C.

2. F.I.R. No.461/2019 was registered at Police Station Kotputli,

District Jaipur Rural for offence under Sections 147, 148, 149, 341

& 302 I.P.C.

3. It is contended by counsel for the complainant-petitioner that

wrong fact was stated before the Court for obtaining the bail. It is

also contended that in the order dated 21.05.2021, it was

mentioned that the allegation of causing injury to the deceased

was on Sher Singh, who was a minor has been given benefit of

bail. It is also contended that as far as the allegation of causing

injury to the deceased by Sher Singh is concerned, the fact is

clearly mentioned and Sher Singh is not minor and was not be

(2 of 2) [CRLBC-80/2021]

given benefit of bail, in fact Anil was minor and was given benefit

of bail.

4. I have considered the contentions.

5. As far as role of the accused-respondent is concerned, from

the statement of eye witnesses, it is evident that the injury was

caused by Sher Singh, it is also evident that in the order dated

21.05.2021, the fact that Anil was minor and was given benefit of

bail was not mentioned, hence in the change of circumstances of

the entire case, I am not inclined to entertain the bail cancellation

application.

6. This bail cancellation application is, accordingly, dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /3

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