The High Court dismissed a bail application under Section 439 Cr.P.C. due to no case being made. Liberty was granted to file a fresh application after the trial court records the complainant's statement.
Bail application dismissed; liberty granted to file fresh application after recording complainant's statement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 3805 / 2018
Ranjeet @ Babu S/o Allahadeen @ Dina, By Caste Mehrat, Resident of Kasiya Ka Badiya Sarhad Chitad, P.S. Sendra District Pali. (At Present Lodged in Sub Jail, Jaitaran)
----Petitioner
Versus
The State of Rajasthan
----Respondent
For Petitioner(s) : Mr. RS Choudhary
For Respondent(s) : Mr. AS Rathore, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/04/2018
Heard the learned counsel for the parties
No case for grant of bail under Section 439 Cr.P.C. is made
out.
Hence, the bail application is dismissed. However, liberty is directed to the petitioner to file fresh bail application after recording the statement of the complainant Ramzan. The trial court is directed to record his statement as early as possible.
(MANOJ KUMAR GARG)J.
Ms/-95
2 issues framed by the court
Whether bail under Section 439 Cr.P.C. should be granted in the absence of a case made.
Whether liberty is to be granted to file a fresh bail application after recording the complainant's statement.
1 provisions across 1 enactments
Ranjeet @ Babu S/o Allahadeen @ Dina
The State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
