High Court of Rajasthan at Jodhpur heard a bail application under Section 439 Cr.P.C. The court dismissed the application, holding no case for bail existed in the circumstances, but granted liberty to file afresh after recording the injured's statement.
Bail application dismissed; liberty to file afresh after recording injured's statement.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1253/2022
Shavej Khan S/o Azam Khan @ Shambhu Khan, Aged About 20 Years, R/o Village Sakariya, P.s. Ranthajna, Dist. Pratapgarh. (At Present Lodged At Central Jail, Banswara).
----Petitioner
Versus
State, Through Pp
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : | Mr. Firoz Khan | |
| For Respondent(s) | : | Mr. Javed Gauri, PP. Mr. Mohan Singh Bhati complainant. |
for |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
19/04/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.293/2021 Police Station Khamera, for the offence punishable under Sections 307, 387 & 120B of IPC and under Section 3/25 of Arms Act.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra learned Public Prosecutor and learned counsel for the complainant opposed the bail application.
(2 of 2)
[CRLMB-1253/2022]
Heard learned counsel for the petitioner as well as learned Public Prosecutor and learned counsel for the complainant.
I have considered the arguments advanced before me and gone through the material available on record. No case for grant of bail is made out. Hence, the present bail application filed by the petitioner is hereby dismissed. However, liberty is granted to the petitioner to file afresh after recording the statement of injured Snehil.
The trial Court is directed to record the statement of injured as early as possible.
(MANOJ KUMAR GARG),J
9-Ishan-raksha/-
1 issue framed by the court
Whether bail should be granted to the accused petitioner falsely implicated in the case.
1 provisions across 1 enactments
Shavej Khan S/o Azam Khan
State
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
