High Court bench at Jaipur dismissed the petitioner's third bail application under Section 439 CrPC, holding that facts and circumstances remained unchanged following the rejection of the second application and recording of the injured's statement.
Petitioner's application for bail under Section 439 CrPC is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous IIIrd Bail Application No.
18091/2021
Ali Mohammad Son Of Shri Habula, Aged About 55 Years, R/o Nangal Dhanna, P.s. Rajgarh, Dist. Alwar (Rajasthan) (At Present Confined in Dist. Jail, Alwar)
----Accused Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Mahendra Gothwal for Mr. Girish Khandelwal, Advocate For Respondent(s) : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
29/11/2021
This IIIrd bail application has been filed by the petitioner under Section 439 CrPC.
Learned counsel for the petitioner submits that IInd bail application filed by the petitioner was dismissed as withdrawn by this Court vide order dated 15.7.2021 with liberty to file a fresh after recording the statement of injured - Haruni. He further submits that the statement of Haruni has been recorded by the trial court as PW-2. He further submits that Co-accused Rihana and Arfeena have been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 27.9.2021 in S.B. Cr. Misc. Bail Application No. 12272/2021 and co-accused Rizvana Bano has been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 30.6.2021 in S.B. Cr. Misc. Bail Application
(2 of 3)
[CRLMB-18091/2021]
No. 9045/2021. Co-accused Aas Mohammed has been granted regular bail by the Coordinate Bench of this Court vide order dated 21.6.2021 in S.B. Cr. Misc. Bail Application No. 9870/2021 and coaccused Rizwaan @ Kala S/o Ali Mohammad has also been granted regular bail by the Coordinate Bench of this Court vide order dated 17.3.2021 in S.B. Cr. Misc. Bail Application No. 3664/2021. The case of the petitioner is on better footing than that of co-accused persons. The petitioner is innocent and he has been falsely implicated in this matter. He is in judicial custody since the past 10 months. Hence, he may be enlarged on bail.
Learned PP appearing for the State has opposed the same and submits that second bail application of the petitioner was dismissed as withdrawn with liberty to file a fresh after recording the statement of injured - Haruni. Thereafter the statement of Haruni has been recorded as PW-2. In her statement, she levelled specific allegations against the petitioner that he gave an axe blow on her head, which is quite evident from her injury report. He further submits that the case of the petitioner is distinguishable to the aforesaid co-accused persons, who have been granted bail for the reason that the injury, which was dangerous to life was not attributed to them. Merely on account of the fact that the statement of injured Haruni has been record, there is no change in the circumstances. Hence, the petitioner should not be granted bail.
Considering the submissions made by learned counsel for the respective parties and more particularly in view of the fact
(3 of 3)
[CRLMB-18091/2021]
that after rejection of 2nd bail application, there is no change in the facts and circumstances of the case, I do not deem it just and proper to grant bail to the accused petitioner.
Accordingly, the 3rd bail application filed by the petitioner Ali Mohammad S/o Shri Habula is dismissed.
(PRAKASH GUPTA),J
DK/13
2 issues framed by the court
Whether bail should be granted to the accused petitioner who is a second time defaulting applicant in view of no change in circumstances after recording the injured's statement.
Whether the granting of bail to co-accused persons alters the circumstances for the petitioner.
1 provisions across 1 enactments
Ali Mohammad S/o Shri Habula
State Of Rajasthan
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
