In this bail application, the High Court of Rajasthan at Jodhpur rejected the petitioner's plea under Section 439 Cr.P.C., holding that the gravity of the offence warranted refusal of bail, though fresh application after charge-sheet was permitted.
Bail application rejected; liberty to file fresh bail application after charge-sheet.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 104/2019
Rajesh Choudhary S/o Udmichand, Aged About 37 Years, By Caste Jat, Resident Of Khariyo, Police Station Malsisar, District Jhunjhunu (Presently Lodged In District Jail, Churu)
----Petitioner
Versus
State, Through Pp ----Respondent
For Petitioner(s) : Mr. Rajesh Joshi, Senior Advocate assisted by Mr. Vineet R. Davave For Respondent(s) : Mr. Ashok Upadhyay, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
15/01/2019
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.
Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.
Accordingly, the application preferred by the petitioner under Section 439 Cr.P.C. is rejected. However, the petitioner will be at liberty to file fresh bail application before the trial court after filing of charge-sheet.
(VIJAY BISHNOI),J
9-Babulal/-
1 issue framed by the court
Whether bail should be granted under Section 439 Cr.P.C. given the nature of the accusation and gravity of the offence.
1 provisions across 1 enactments
Rajesh Choudhary
State
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
