Bail application dismissed. The single-judge High Court Bench rejected the bail plea due to the gravity of the offence involving murder and the petitioner's alleged active role in firing, despite submissions regarding false implication and previous bail grants to co-accused.
Bail application dismissed; petitioner not enlarged on bail.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 5380/2022
Dilawar Son Of Kanchan Sharma, R/o Village Naswara At Present Subhash Nagar, Bharatpur, Police Station Kotwali Bharatpur (Raj.) ( At Present Central Jail Bharatpur)
----Petitioner
Versus
The State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. Jiya UR Rahman, Adv. For Respondent(s) : Mr. Sher Singh Mahla, PP Mr. Govind Sharma, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order
13/12/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.533/2021 Registered at Police Station Kotwali, Bharatpur for the offence(s) under Sections 147, 148, 149, 452, 302, 120-B IPC and Section 3/25(6) of Arms Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars since 09.11.2021. Charge-sheet has been filed against the petitioner. Learned counsel for the petitioner also submits that no specific overt act of the petitioner is defined in the charge-sheet. Similarly situated co-accused Smt. Neeraj was enlarged on anticipatory bail by the Co-ordinate Bench of this Court. Learned counsel for the petitioner also submits that co-accused Sujeet @ Surjeet was enlarged on bail under Section 439 Cr.P.C. by the
(2 of 2)
[CRLMB-5380/2022]
Co-ordinate Bench of this Court. So, the petitioner be enlarged on bail.
Learned Public Prosecutor as well as learned counsel for the complainant have opposed the arguments advanced by learned counsel for the petitioner and submitted that petitioner and other co-accused hatched a conspiracy and came to the complainant’s house and fired there. On account of firing, husband and son of the complainant were died. So, looking to the gravity of offence, bail be dismissed.
I have considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor and learned counsel for the complainant.
As per the prosecution story, petitioner and other persons had come with lethal weapon and fired there. As per the statement of eye witnesses, petitioner had fired there and due to firing, husband and son of the complainant were died. So, looking to the gravity of offence, I do not consider it a fit case to enlarge the petitioner on bail.
Hence, the bail application stands dismissed.
(NARENDRA SINGH DHADDHA),J
Jatin /11
2 issues framed by the court
Whether the petitioner should be enlarged on bail in a case involving culpable homicide assailable by the IPC.
Whether the gravity of the offence and death of victims precludes bail in this case.
Dilawar Son Of Kanchan Sharma
The State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
