This is the second bail application under Section 439 Cr.P.C. in a murder case. The court denied bail citing corroborative police statements and the gravity of the offence involving death by injury to vital parts, stating no ground for bail is made out.
Bail application dismissed. Nothing said herein bears on merits of the case.
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S.B.CRIMINAL MISC.2nd BAIL APPLICATION NO.1227/2015 (Atul & Ors. Vs. State of Rajasthan)
Date of order : : 09.04.2015
HON’BLE MS.JUSTICE NIRMALJIT KAUR
Mr.R.K.Charan, counsel for the petitioners. Mr.Pankaj Awasthi, counsel for the State.
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This is the second bail application under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.100/2014, Police Station Rawatbhata, District Chittorgarh for the offence under Sections 147, 323, 325, 307, 302 of the IPC.
The earlier bail application was dismissed as not pressed with liberty to file fresh after the framing of charges. The charges have been framed under Section 302, 325, 323 read with Section 34 of the IPC.
Learned counsel for the petitioners while praying for bail states that the injuries are only abrasions. They are simple and with blunt weapon. No injury is on the vital part . Even as per the statement of the injured witness under Section 161 of the Cr.P.C., the main allegation is against accused-Gaurav only. It is also stated that it was the deceased who went to the house of the accused at night time.
A perusal of the postmortem report shows that the deceased died on account of injury over liver & spleen, which is sufficient to cause death in the ordinary course of nature. As per the statement of the injured witness, all the accused-persons
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participated in beating the deceased as well as injured witness. They all together continued to beat the deceased till he died. In the statement before the court, the injured witness has supported the prosecution case. In fact, the allegation with respect to the injuries and the cause of death corroborate with each other.
No ground for bail is made out.
Accordingly, the bail application is dismissed. However, nothing said herein above will have any bearing on the merits of
the case.
(NIRMALJIT KAUR), J.
NK
2 issues framed by the court
Whether bail can be granted under Section 439 Cr.P.C. in a case involving accused for the offence of murder.
Whether the nature of injuries and police statements make out grounds for bail in a murder prosecution.
3 provisions across 2 enactments
Atul & Ors.
State of Rajasthan
Nirmaljit Kaur
Nirmaljit Kaur
NK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
