The High Court of Rajasthan denied bail to two petitioners accused of riots under the SC/ST Act and IPC sections involving robbery and grievous hurt, rejecting the applications under Section 439 Cr.P.C. due to the nature and gravity of the allegations.
Bail applications are rejected at this stage.
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 Application No. 11041/2019
Om Singh S/o Idan Singh, Aged About 20 Years, By Caste Hazaree, R/o Gafoor Bhatta, Jaisalmer. (Confined In District Jail, Jaisalmer)
----Petitioner
Versus
State of Rajasthan
----Respondent
CONNECTED WITH
S.B. Criminal Misc. Bail Application No. 9743/2019
Bhera Ram S/o Harkha Ram, Aged About 20 Years, By Caste Kumhar, R/o Valmiki Colony, Jaisalmer, District Jaisalmer (Confined In District Jail, Jaisalmer)
| Versus | ----Petitioner | |
|---|---|---|
| State of Rajasthan | ----Respondent | |
| For Petitioner(s) | : Mr. Shyam Singh Bhati Mr. R.L. Baloch |
|
| For Respondent(s) | : Mr. S.K. Bhati, P.P. |
|
| For Complainant(s) | : Mr. K.L. Chouhan |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
18/09/2019
Heard the learned counsel for the parties and perused the material available on record.
The petitioners have been arrested in FIR No.235/2019 of Police Station Kotwali Jaisalmer, District Jaisalmer for the offences punishable under Sections 147, 148, 323, 324, 307 and 458/149
(2 of 2)
[CRLMB-11041/2019]
IPC and Sections 3(2)(v) and 3(1)(r)(s) of SC/ST Act. They have preferred these bail applications under Section 439 Cr.P.C.
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 petitioners.
Accordingly, these bail applications preferred by the petitioners under Section 439 Cr.P.C. are rejected at this stage.
(VIJAY BISHNOI),J
Abhishek Kumar S.Nos.201-202
1 issue framed by the court
Whether bail under Section 439 Cr.P.C. should be granted considering the gravity of offences under SC/ST Act and IPC.
4 provisions across 3 enactments
Om Singh
Bhera Ram
State of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
VIJAY BISHNOI
Parties & counsel
