Heera Lal vs State Of Rajasthan
2021 Latest Caselaw 17823 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13598/2021

Heera Lal S/o Gheesa Gurjar, Aged About 52 Years, R/o Khardi, P.s. Rayla, District- Bhilwara (Raj.) (At Present Lodged In District Jail Bhilwara)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

26/11/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No. 142/2017 of

Police Station Rayla, District Bhilwara for the offences punishable

under Sections 147, 148, 323, 324, 307, 325, 302, 149 IPC. He

has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of first bail application of the petitioner, statements of

twelve prosecution witnesses have been recorded before the trial

court. It is argued that the petitioner has falsely been implicated

in this case.

Per contra, learned Public Prosecutor has opposed the bail

application and has invited my attention towards the statements

(2 of 2) [CRLMB-13598/2021]

of injured (PW-1) Bheru and other witnesses. It is submitted by

learned Public Prosecutor that injured (PW-1) has specifically

stated that the fatal injury on the head of the deceased was

inflicted by the petitioner.

Having regard to the totality of the facts and circumstances

of the case and after going through the material available on

record and looking to the nature of accusation and gravity of the

offence, without expressing any opinion on the merits of the case,

I am not inclined to grant bail under Section 439 Cr.P.C. to the

petitioner.

Accordingly, the bail application preferred by the petitioner

under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Surabhii/50-

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