Single-judge High Court dismissed S.B. Criminal Miscellaneous Bail Application No. 5057/2019 held that evidence of weapon recovery and eyewitness statement did not indicate false implication and refused bail.
Bail application dismissed; petitioner remains in custody.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5057/2019
Major Singh S/o Bhur Singh, Aged About 32 Years, B/c Kumhar Sikh , R/o Mehrwala , Tehsil Tibbi , Distt. Hanumangarh (Presently Lodged At Distt. Jail , Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) For Respondent(s)
: Mr. Pankaj Kumar Gupta : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
29/07/2019
Heard learned counsel for the parties.
Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that he killed the deceased by causing head injury by an iron rod. It is further submitted that the petitioner has falsely been implicated in this case and there is no previous enmity between him and the deceased.
Per contra, learned Public Prosecutor has opposed the bail application and submitted that complainant – Baldev Singh in his police as well as court statements had specifically stated that the petitioner inflicted injury on the head of the deceased by an iron rod and he had seen the incident from a close distance. It is also submitted by learned Public Prosecutor that a blood stained iron rod was also recovered at the instance of the petitioner.
(2 of 2)
[CRLMB-5057/2019]
Having regard to the overall facts and circumstances of the case and keeping in view the statements of complainant – Baldev Singh, it cannot be said that the petitioner has falsely been implicated in this case, hence, I am not inclined to grant him bail. Accordingly, this bail application is dismissed.
(VIJAY BISHNOI),J
1-msrathore/-
1 issue framed by the court
Whether to grant bail to the petitioner charged with causing head injury by an iron rod.
Major Singh
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
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