Dulle Khan vs State Of Rajasthan ...
2023 Latest Caselaw 7022 Raj

[2023:RJ-JD:28922]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11086/2023

Dulle Khan S/o Shri Hasan Khan, Aged About 25 Years, R/o Jangiro Ki Dhani, Sankara P.s. Sankara, Dist. Jaisalmer (Lodged In Sub Jail, Pokaran)

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

----Respondent

For Petitioner(s) : Mr. Ram Niwas For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

11/09/2023

The present third bail application has been filed under

Section 439 Cr.P.C. on behalf of the petitioner who is in custody in

connection with F.I.R. No.119/2020, Police Station Sankara,

District Jaisalmer, for the offences under Sections 147, 148, 323,

326, 307, 452 and 354/149 of the IPC.

2. Learned counsel for the petitioner submits that the petitioner

has falsely been implicated in the present case. It is submitted

that the other co-accused Hasam Khan, Farukh Khan, Aamdeen @

Ambe Khan, Ladu Khan, Anwar Khan, Nawab Khan, Nagmate

Khan, Jannu Khan and Iqbal Khan have already been enlarged on

bail and the case of the present petitioner is not distinguishable

from that of the co-accused. The charge-sheet has been filed in

the matter. Further, it is submitted there are contradictions in the

statements of the witnesses. It is submitted that the petitioner is

[2023:RJ-JD:28922] (2 of 2) [CRLMB-11086/2023]

behind the bars since long and trial of the case will take long time.

Therefore, he may be enlarged on bail.

3. Learned Public Prosecutor opposed the bail application.

Learned Public Prosecutor submits that in the present case the

statements of victim Guddi were recorded in the trial court as PW-

1 wherein she has specifically named the accused petitioner who

curt her nose and lips and inflicted injury upon her tounge by

knife. Thus, it is prayed that the bail application may be rejected.

4. I have heard learned counsel for the parties and perused the

material available on record.

5. Having regard to the facts and circumstances of the case,

after perusing the statement of PW-1 Guddi wherein she has

specifically made allegations against the present petitioner and

looking to the gravity of the offence, without commenting on the

merits and demerits of the case, this Court does not find it to be a

fit case for grant of bail to the petitioner, at this stage.

6. Hence, the bail application is dismissed.

7. However, the learned trial court is directed to expedite the

trial of the case.

8. A copy of this order be sent to the learned trial court either

by FAX or by email.

(MADAN GOPAL VYAS),J 875-CPGoyal/-

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