Shailendra Sharma S/O Shri Girraj ... vs State Of Rajasthan
2021 Latest Caselaw 6879 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Bail Cancellation Application No. 76/2021

Shailendra Sharma S/o Shri Girraj Sharma, Aged About 28
Years, R/o Gomti Colony, Ramdayal Ki Chakki Ke Pichhe, Purani
Truck Union, Distt. Karauli (Raj.)
                                                                     ----Petitioner
                                     Versus
1.     State Of Rajasthan, Through Public Prosecutor.
2.     Manish Kumar Agarwal Alias Sonu S/o Sh. Ramavtar
       Kansal, Aged About 39 Years, R/o House No. 694, Kansal
       Bhavan, Gurdware Ke Paas, Nanakpur, Punhana, District
       Nooh Mewat (Haryana). Presently Residing At House No.
       705, Royal Vatika, Bajrang Nagar, Kota , P.s. Borkhera,
       Kota (Raj.).
                                                                  ----Respondents

For Petitioner(s) : Mr. Anurag Sharma, Adv. & Mr. Harsh Sharma, Adv.

For Respondent(s) : Mr. Sher Singh Mahala, PP Mr. Deepak Chauhan, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

Judgment Reserved on : 23.11.2021 Date of Pronouncement : 24.11.2021

This Criminal Miscellaneous Bail Cancellation Application has

been filed under Section 439(2) Cr.P.C. against the order dated

24.05.2021 passed by learned Additional Sessions Judge No.4,

Kota, (for short "the trial Court) whereby, bail was granted to the

accused respondent No.2.

Learned counsel for the petitioner submits that the trial

Court vide order dated 24.05.2021 wrongly granted bail to the

respondent No.2. Learned counsel for the petitioner further

(2 of 3) [CRLBC-76/2021]

submits that the trial Court while granting bail to the respondent

No.2 has considered irrelevant material and wrongly came to the

conclusion that the respondent No.2 has no intention to cause

death. Learned counsel for the petitioner also submits that knife

was recovered on the information of respondent No.2 and as per

post-mortem report, cause of death was stabbed wound. Learned

counsel for the petitioner further submits that the trial Court had

not considered the seriousness of offence, so, bail granted by the

trial Court be cancelled.

Learned counsel for the petitioner has relied upon the

judgments passed by the Hon'ble Apex Court of India in Criminal

Appeal No.1938/2017 reported in (2018)12 SCC 129, in

Criminal Appeal No.1662/2012 reported in

(2012)12 SCC 180, in Criminal Appeal No.1843/2019

reported in (2020) 2 SCC 118 and in Criminal Appeal

No.739/2008 reported in (2008) 5 SCC 66.

Learned counsel for the respondent No.2 submits that the

trial Court has considered the material collected during the

investigation. Learned counsel for the respondent No.2 further

submits that there is no infirmity or irregularity in the order dated

24.05.2021 passed by the trial Court. So, cancellation of bail

application filed by the petitioner be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioner, learned counsel for the respondent No.2

and perused the impugned order.

Learned trial Court had given cogent reasons for granting of

bail to the respondent No.2. So, I do not consider it a fit case to

cancel the bail granted by the trial Court to the respondent No.2.

(3 of 3) [CRLBC-76/2021]

So, bail cancellation application filed by the petitioner is devoid of

merit and liable to be rejected.

Hence, the bail cancellation application is dismissed.

(NARENDRA SINGH DHADDHA),J

Gourav/02

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