The High Court rejected the bail application of Balveer Singh implicated in offences punishable under Sections 307, 395 IPC and Arms Act, citing the gravity of allegations and the petitioner's involvement in reconnaissance of the spot.
Bail application rejected; liberty to file afresh after recording the complainant's statement.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5742/2022
Balveer Singh S/o Shri Devi Singh, Aged About 28 Years, R/o Bhakrod Ps Khinksar Dist. Nagour (At Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State, Through Pp
----Respondent For Petitioner(s) : Mr. Ajay Kumar Vyas For Respondent(s) : Mr. A.R. Choudhary, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
11/07/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.104/2022 Police Station Phalodi, District Jodhpur for the offences punishable under Sections 307, 395, 397, 323, 342, 452, 212, 216A of IPC and Sections 4/25, 3/25, 5/27 of Arms Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as the gun shot was caused by the other co-accused. Challan of the case has already been presented. 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.
Learned Public Prosecutor opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record. From the challan papers, it emerges that the main accused sent the present
(2 of 2)
[CRLMB-5742/2022]
petitioner along with one Manish Kumar for conducting recce , both went to the spot and after recce informed Hanuman Singh and others. On the next day, all the accused went there and used fire arm and knife. Thus, serious allegation has been levelled against the accused persons. Looking to the gravity of the offences, this court is not inclined to grant benefit of bail to the petitioner. Hence, the bail application is rejected.
However, liberty is granted to the petitioner to file afresh after recording the statement of complainant Jugal Kishor. The trial Court is directed to record his statement as early as possible.
(MANOJ KUMAR GARG),J
59-Raksha/-
1 issue framed by the court
Whether bail should be granted to the petitioner accused of offences under Sections 307, 395 IPC and Arms Act.
1 provisions across 1 enactments
Balveer Singh
State
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
