In this criminal bail application under Section 439 Cr.P.C. for murder, the Hon'ble High Court of Rajasthan dismissed the petition. The court was not inclined to grant bail given the gravity of the offence (serious hurt/ murder), despite some co-accused obtaining bail.
Bail application dismissed. Petitioner held in custody.
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 Miscellaneous Bail Application No. 14210/2019
Kalu @ Pawan S/o Shri Raju Gayari, Aged About 19 Years, By Caste Gayari, R/o Boradiya, Thana Salamgarh, District Pratapgarh.
(At Present Lodged In District Jail, Pratapgarh).
----Petitioner
Versus
State, Through P.p.
----Respondent
| For Petitioner(s) | : Mr. Vikram Singh Rajpurohit. |
|---|---|
| For Respondent(s) | : Mr. Farzand Ali-AAG cum GA assisted |
| by Mr. Gaurav Singh, PP |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
13/01/2020
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.76/2019, Police Station- Salamgarh District Pratapgarh for the offences under Section 302, 201 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that statement of mother PW1 has been recorded wherein she has stated that the deceased was a quarrelsome person and he used to quarrel with all other members of the family. He further submits that coaccused Lala and Rahul have already been enlarged on bail by a
(2 of 2)
[CRLMB-14210/2019]
coordinate bench of this court, therefore, the petitioner may also be released on bail.
The learned Public Prosecutor opposing the bail submits that recover of weapon of offence i.e. rope has been recovered at the instance of the petitioner and the same is getting corroborated from the medical evidence wherein the cause of death is shown to be strangulation. The call details of the petitioner also shows his presence in the area where the incident took place.
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 at this stage.
Accordingly, the application preferred by the petitioner under Section 439 Cr.P.C. is dismissed.
(VINIT KUMAR MATHUR),J
14-Anil Singh/-
2 issues framed by the court
Whether bail should be granted to a petitioner accused of murder under Section 302 IPC who is in custody.
Whether the nature of offence and gravity of accusation precludes bail at this stage.
1 provisions across 1 enactments
Kalu @ Pawan
State
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
