Mukesh Gurjar vs State Of Rajasthan (2024:Rj-Jd:38412)
2024 Latest Caselaw 8121 Raj

Rajasthan High Court - Jodhpur

Mukesh Gurjar vs State Of Rajasthan (2024:Rj-Jd:38412) on 18 September, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:38412]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 2555/2024

Mukesh Gurjar S/o Shri Ranglal Gurjar, Aged About 27 Years, R/o
Medarkala, Badagaon, P.s. Datwas, Dist. Tonk At Present
Residing At Maliyon Ka Bas, Phalodi, P.s. Phalodi, Dist. Jodhpur.
(At Present Lodged In Dist. Jail, Jaisalmer).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Girraj Prasad Gadhwal through VC
                                Mr. Om Prakash Kumawat
For Respondent(s)         :     Mr. Surendra Bishnoi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

18/09/2024

This is second bail application filed by the petitioner. The first

bail application was dismissed as not pressed by this Court on

07.07.2022 with liberty to file afresh after recording the statement

of eye-witness Deepak Puri.

Counsel for the petitioner submits that the eye-witness

Deepak Puri has been examined in Court as PW-1 and he deposed

that he did not see, who had fired upon the deceased and there

are material contradictions, omissions and improvements in his

statement. Counsel further submits that three years have already

been passed and till date, only one witness has been examined

before the trial court. The accused petitioner is in judicial custody

and trial of the case will take sufficient long time. Therefore,

benefit of bail should be granted to the petitioner.

[2024:RJ-JD:38412] (2 of 2) [CRLMB-2555/2024]

Learned Public Prosecutor has opposed the second bail

application.

Heard learned counsel for the parties and perused the

material available on record.

The eye-witness Deepak Puri (PW-1) has specifically stated

in his statement that he heard the gunshot noise, upon which he

saw in the direction of gunshot noise and found the deceased lying

on the road. This witnesses also stated that the present petitioner

was present near the body of the deceased with a country-made

pistol in his hand. From the statement of the eye-witness, it is

apparent that the present petitioner is the principal accused in this

case. In such circumstances, no case for grant of bail is made out.

Hence, the bail application is dismissed.

(MANOJ KUMAR GARG),J 143-MS/-

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