Dismissed

Batti Lal S/O Girraj v. State of Rajasthan

Rajasthan HC11 May 2022CRLMB/4128/2022

Case brief

AI extract

What is this about?

In this third bail application under Section 439 Cr.P.C., the Rajasthan High Court Bench at Jaipur dismissed the plea. The court noted the gravity of the offences, the recording of statements of material witnesses, and the fact that other injured witnesses' statements were yet to be recorded.

What did the court decide?

The third bail application was dismissed; the petitioner remains in custody.

Batti Lal S/O Girraj Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3^rd Bail Application No. 4128/2022

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Batti Lal S/o Girraj, Aged About 30 Years, R/o Shyamoli, Police Station Malarana Dungar, District Sawai Madhopur (Raj.) At Present In Central Jail Sawai Madhopur

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent For Petitioner(s) : Mr. Laxmi Narayan Saini For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG Mr. Rajesh Kumar Meena for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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11/05/2022

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This third bail application has been filed under Section 439 Cr.P.C in connection with FIR No.389/2020 registered at Police Station Malarna Dungar, District Sawaimadhopur for the offences under Sections 147, 148, 149, 341, 323, 336, 447, 307 & 302 of IPC.

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Learned counsel for the petitioner submits that the petitioner is behind the bars since 11.02.2021 and complainant has not said anything against the petitioner. Counsel further submits that the material witnesses have been examined and no specific allegation has been levelled against the petitioner. The petitioner has no criminal antecedents. Hence, the petitioner may kindly be released on bail.

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(2 of 3)

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[CRLMB-4128/2022]

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During the course of arguments, learned counsel for the petitioner has placed reliance upon an order of the co-ordinate Bench of this High Court passed in S.B. Criminal Misc. Bail Application No.7756/2021 on 21.05.2021 and upon the order of the principal seat of this High Court passed in S.B. Criminal Misc. Bail Application No.861/2021 on 25.01.2021.

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Learned Government Advocate-cum-Additional

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Advocate General and learned counsel for the complainant have strongly opposed the third bail application.

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Heard. Perused the material available on the record and the orders relied upon by the learned counsel for the petitioner.

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First bail application of the petitioner had been dismissed by this Court vide order dated 28.04.2021 after filing of charge-sheet. Second bail application of the petitioner was also dismissed by this Court vide order dated 30.07.2021 and as per the said order, “First bail application of petitioner under Section 439 Cr.P.C. was dismissed by this Court after filing of chargesheet vide order dated 28.04.2021. Since then, there is no change in the facts and circumstances of the case. Therefore, looking to the facts and circumstances of the case and gravity of the offence, but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner on bail”.

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As per FIR, the complainant- Netram and other persons Srinarayan Gurjar, Smt. Jagdishi, Gokal, Roop Singh, Ram Singh and Pappu got injuries and Man Singh died. During trial, statements of only two material witnesses, complainant/PW-1 Netram and incomplete statement of PW-2- Smt. Jagdishi has been recorded, they are not hostile witnesses and the statements

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(3 of 3) [CRLMB-4128/2022]

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of other material injured witnesses Srinarayan Gurjar, Gokal, Roop Singh, Ram Singh and Pappu are yet to be recorded. Therefore, looking to the above facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner on bail.

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Accordingly, the third bail application of the petitioner

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under Section 439 Cr.P.C. is dismissed.

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(CHANDRA KUMAR SONGARA),J

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Satyendra/9

Batti Lal S/O Girraj v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Batti Lal S/O Girraj v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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