Order rejecting the third bail application of Suraj Gurg, who was in judicial custody for offences under IPC, noting that few witnesses were examined post-second bail rejection and a co-accused's bail was recently dismissed.
Bail application rejected and trial court directed to expedite the trial.
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 III Bail Application No. 13376/2022
Suraj Gurg S/o Sh. Nemraj Ji, Aged About 23 Years, B/c Meghwal, R/o Mongda Kalla, Ps Kudi Bhagtasani Jodhpur. (At Present Lodged In Central Jail, Jodhpur, Raj.).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Mukesh Mehra |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/11/2022
The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.55/2018 of Police Station Luni, District Jodhpur for the offence punishable under Sections 323, 302, 307, 460, 396, 120B of IPC.
The second bail application was dismissed on merit vide order dated 01.04.2022 by this Court.
Learned counsel for the petitioner submits that after rejection of second bail application, Ashok Kumar (PW-6) and Bheek Singh (PW-7) have been examined before the Court. There are material contradictions, improvements and omissions in their statements. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer for bail.
(2 of 2)
[CRLMB-13376/2022]
I have considered the arguments advanced before me and carefully gone through the record.
After rejection of second bail application, only two witnesses have been examined before the Court viz., Ashok Kumar (PW-6) and Bheek Singh (PW-7) and bail application of similarly situated co-accused Kailash was recently dismissed by co-ordinate Bench of this Court. In these circumstances, without expressing any opinion on merit/demerit of the case, this Court is not inclined to grant benefit of bail to the petitioner.
In the above circumstances, the third bail application filed by the petitioner is hereby rejected.
The trial Court is directed to expedite the trial.
(MANOJ KUMAR GARG),J 47-raksha/-
1 issue framed by the court
Whether bail should be granted to the petitioner who was in judicial custody facing serious charges.
1 provisions across 1 enactments
Suraj Gurg S/o Sh. Nemraj Ji
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
