Kulvendra @ Kullu @ Kuldeep S/O ... vs State Of Rajasthan
2022 Latest Caselaw 6069 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Fifth Bail Application No.
                                   13129/2022

Kulvendra @ Kullu @ Kuldeep S/o Shri Bugal Singh, R/o Vill.
Gadhi, Police Station Roopwas, Distt. Bharatpur At Present R/o
Pusp    Vatika    Colony,        Mathuragate,            Distt.     Bharatpur      (Raj.)
( Presently Lodged In Central Jail Sewar, Bharatpur)
                                                                         ----Petitioner
                                       Versus
State Of Rajasthan, through PP
                                                                      ----Respondent

For Petitioner(s) : Mr. B.R. Choudhary For Respondent(s) : Mr. Ashvin Garg Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

07/09/2022

1. Accused/petitioner has filed this fifth bail application

under Section 439 of Cr.P.C.

2. F.I.R. No.273/2017 was registered at Police Station

Sanganer Sadar (South), District Jaipur for offence under Sections

147, 148, 149, 302, 120-B of I.P.C. and 3/25 of Arms Act.

3. It is contended by counsel for the petitioner that

petitioner has remained in custody for a period of five years. Out

of 38 witnesses, only three witnesses have been examined so far

and the trial is being protracted.

4.         Learned        Public      Prosecutor          and       counsel     for        the

complainant      have     opposed        the     fifth     bail     application.      It    is




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contended by counsel for the complainant that the allegation of

firing at the deceased is on the petitioner. It is also contended that

during his custody in jail, petitioner has committed one more

murder in which he has been sentenced to life imprisonment vide

judgment and sentence dated 10.01.2020.

5. I have considered the contentions.

6. From the statement of PW-3, it is evident that present

petitioner has opened fire and has caused gun shot wounds to the

deceased, as a result of which deceased expired. It is also evident

that during his stay in jail, he has committed yet another murder,

for which he has been sentenced for life imprisonment.

7. In view of the above, I am not inclined to entertain the

fifth bail application and the same is accordingly, dismissed.

(PANKAJ BHANDARI),J

CHANDAN /29

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