Akash Safela Son Of Dayaram vs State Of Rajasthan
2021 Latest Caselaw 2519 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Third Bail Application No.
                               9805/2021

Akash Safela Son Of Dayaram, R/o Opposite Nawal Park Harijan
Basti Nayapura Kota. ( At Present Confined At Central Jail Kota ).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. Abdul Rahim Khan through VC For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

29/06/2021

1. Petitioner has filed this third bail application under Section

439 Cr.P.C.

2. F.I.R. No.601/2018 was registered at Police Station Nayapura

Kota City for offence under Sections 302, 323, 149 I.P.C.

3. It is contended by counsel for the petitioner that in the F.I.R.,

allegation of stabbing the deceased was on Golu, later on the

allegation of stabbing was levelled against the present petitioner.

It is also contended that in the cross-examination of the principal

witness Raja who is an eye witness, it is revealed that there were

general allegations against the accused. It is further contended

that co-accused Golu has been given benefit of bail.

4. Learned Public Prosecutor has opposed the third bail

application. It is contended that statement of Raja who is an eye

(2 of 2) [CRLMB-9805/2021]

witness has been recorded before the trial Court, in which Raja

has specifically stated that petitioner stabbed the deceased and

that he tried to attack the witness also. It is also contended that

blood stained knife has also been recovered at the instance of

present petitioner.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State, I am not inclined to entertain the third bail application.

7. This third bail application is, accordingly, dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /26

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