In this second bail application, the High Court at Jodhpur considered the petitioner's custody regarding offences of attempted murder and grievous hurt. Balancing the gravity of the charges against the petitioner's status as a habitual offender, the court declined to grant relief 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. 2nd Bail Application No. 1777/2020
Vickey Changra S/o Shri Ajayveer, aged about 25 years, By caste Valmiki, R/o Pacholiya Nadi, Police Station Pratapnagar, Jodhpur At present Rajeev Gandhi Colony, Pal Link Road, Police Station Dev Nagar, Jodhpur.
(At present lodged in Central Jail, Jodhpur).
----Petitioner
Versus
State of Rajasthan
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : | Mr. D.L.R. Vyas | |
| For Respondent(s) | : | Mr. Shrawan Kumar | Bishnoi,P.P. |
| For Complainant | : | Mr. Kan Singh Oad |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order
11/02/2020
The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 314/2019, Police Station Devnagar, District Jodhpur for the offences under Section 458, 459, 307, 326 & 324/34 of I.P.C. and Section 4/25 of the Arms Act.
The first bail application of the petitioner was rejected by this Court vide Order dated 16.01.2020.
Heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on record.
Learned counsel for the petitioner submits that the injuries attributed to the present petitioner are through an iron rod on the head and face of the injured Prakash, whereas, the injuries which are stated to be dangerous to life are attributed to other co-
(2 of 2) [CRLMB-1777/2020]
accused persons, namely, Shahrukh and Rahul Servate. He further submits that the charge-sheet in the matter has already been filed and conclusion of trial will take sufficient long time. He, therefore, prays that the present petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor supported by learned counsel for the complainant while opposing the bail submits that the present petitioner along with two other co-accused, namely, Shahrukh and Rahul Servate entered into the house of the injured and assaulted him badly. The said assault was second attempt as on earlier occasion also, the F.I.R. No. 297 dated 07.10.2019 was lodged against the petitioner and other accused persons wherein the allegations was that they had threatened the injured of dire consequences if the programme of Dandiya took place in their area without their permission. It is further submitted that there are 05 other cases of like nature registered against the petitioner. He is a habitual offender.
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 of Cr.P.C. to the petitioner at this stage.
Accordingly, the present second bail application is dismissed at this stage.
(VINIT KUMAR MATHUR),J
25-Inder/-
2 issues framed by the court
Whether bail should be granted to the petitioner in view of the grave charges of attempt to murder and grievous hurt.
Whether the petitioner, being a habitual offender, should be enlarged on bail.
1 provisions across 1 enactments
Vicky Changra S/o Shri Ajayveer
State of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
