Onkar Kaliya vs State
2022 Latest Caselaw 7263 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous III Bail Application No. 1299/2022

Onkar Kaliya S/o Puroshotamlal, Aged About 31 Years, Pavve Police Station Dasuva, Dist. Hoshiyarpur (Punjab). (At Present Lodged In Central Jail, Bikaner).

                                                                       ----Petitioner
                                    Versus
State, Through Pp
                                                                   ----Respondent


For Petitioner(s)         :     Mr. Ajay Vyas
For Respondent(s)         :     Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

16/05/2022

Heard.

Learned counsel for the petitioner has submitted that

after rejection of earlier bail application of the petitioner

by this Court vide order dated 6.8.2021, part evidence of

the officer namely Bhola Ram (PW-1), who arrested and

seized the arms from the possession of the petitioner, has

been recorded. It is also submitted that statement of the

I.O. namely Manoj Kumar (PW-2) has also been

recorded. Learned counsel has submitted that from the

evidence of the above witnesses, it is not borne out that

the petitioner was involved in the commission of crime. It

(2 of 2) [CRLMB-1299/2022]

is also submitted that the petitioner is in custody since

6.11.2020, however, trial against him has not been

concluded till date, therefore, he may be enlarged on

bail.

Per contra, learned Public Prosecutor has opposed

the bail application and submitted that huge quantity of

arms meant for 'Only Army' have been recovered from

the possession of the petitioner. It is also submitted that

from the evidence of Bhola Ram (PW-1) and Manoj

Kumar (PW-2), it is clear that the petitioner was arrested

with huge quantity of arms and from the evidence of the

aforesaid witnesses, it cannot be concluded that the

petitioner has falsely been implicated in this case in any

manner.

Having heard learned counsel for the parties; going

through the impugned order and after considering the

charge-sheet as well as the statement of Bhola Ram

(PW-1) and Manoj Kumar (PW-2), I am not inclined to

enlarge the petitioner on bail.

Hence, this third bail application is dismissed.

(VIJAY BISHNOI),J

146-msrathore/-

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