The High Court at Jaipur dismissed a regular bail application filed by a petitioner charged with murder and other offences. The court rejected the submission of false implication and held that the seriousness of charges and eye-witness testimony negated any ground for bail.
Regular bail application dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S. B. Criminal Miscellaneous Second Bail Application No. 18073/2019
Gramsevak S/o Badrilal, by caste Bheel, R/o Peethpur, Police Station Chhipabarod, District Baran (Raj.) (At present confined in Sub Jail Chhabra, District Baran)
----Accused-Petitioner
Versus
State of Rajasthan, through P.P.
----Respondent For Petitioner : Mr. Sanjay Sharma through Video Conferencing. For Respondent : Mr. N.S. Gurjar, Public Prosecutor.
HON'BLE MRS. JUSTICE SABINA
Order
14/05/2020
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 435/2017 registered at Police Station Chhipabarod, District Baran for offences under Sections 323, 341, 307, 302, 34 of Indian Penal Code, 1860 .
Heard learned counsel for the petitioner through video conferencing.
Learned counsel for the petitioner has submitted that petitioner has been falsely involved in this case. Recovery of stick has been effected from the petitioner during investigation. Deceased has suffered one injury on his head.
Learned State Counsel has opposed the petition.
(2 of 2)
[CRLMB-18073/2019]
Present case relates to murder of Shri Krishan and injuries received by the injured in the occurrence-in-question. Case rests on eye-witness account. Injured have been examined during trial and they have categorically deposed with regard to the participation of the petitioner in the crime.
Keeping in view the seriousness of the allegations levelled against the petitioner, no ground for grant of bail to him is
made out.
Dismissed.
(SABINA),J
MANOJ NARWANI /5
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 439 CrPC given the serious allegations including murder.
Whether recital of eye-witness accounts and recovery of weapon constitutes sufficient ground to deny bail.
2 provisions across 2 enactments
Gramsevak S/o Badrilal
State of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
