Three bail applications were filed under Section 439 Cr.P.C. by persons accused of robbery, attempt to murder, and unlawful assembly involving deadly weapons. The Court dismissed the applications, holding that no case was made out for bail given the gravity of the offences.
Bail applications of all three petitioners were dismissed at this stage.
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.
(1 of 3) [CRLMB-6875/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
….
S.B. Criminal Misc. Bail Application No. 6875/2022.
Sarfaraz @ Murad S/o Salim Khan, Aged About 21 Years, B/c Musalman R/o Mewati Mohalla Nimbahera Ps Sadar Nimbahera Dist. Chittorgarh (Raj.).
(At Present Lodged At Sub Jail, Nimbahera)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
Connected With
S.B. Criminal Misc. Bail Application No. 6179/2022.
Dheeraj S/o Dilip Kumar, Aged About 20 Years, R/o Shree Ram
Colony, Nimbahera, District Chittorgarh (Raj.).
(Presently Confined At Sub Jail, Nimbahera, District Chittorgarh)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
S.B. Criminal Misc. Bail Application No. 6182/2022.
Sharif Khan @ Monu S/o Shri Alisher, Aged About 21 Years, R/o Adarsh Colony, Behind Kalika Mata Temple, Nimbahera, Tehsil And PS - Kotwali Nimbahera, District Chittorgarh, Rajasthan. (Presently Lodged In Jail Sub Jail Nimbahera)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
(2 of 3)
[CRLMB-6875/2022]
| For Petitioner(s) | : Mr. Zafar Klhan. |
|---|---|
| Mr. Sudhir Sarupariya. | |
| For Respondent(s) | : Mr. Shrawan Bishnoi, PP. |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/07/2022
The present bail application have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R. No. 158/2022, Police Station Nimbahera Sadar, District Chittorgarh, for the offences punishable under Sections 395, 307 & 120-B of the I.P.C. and Section 3/25 of the Arms Act.
Learned counsel for the petitioners submits that no specific role has been assigned to any of the accused-petitioners and no other criminal antecedents in regard to the present petitioners. Challan of the case has already been presented and no investigation is pending against the petitioners. Therefore, benefit of bail may be granted to the petitioners.
Per contra, learned Public Prosecutor has opposed the bail applications.
I have considered the arguments advanced before me and perused the material available on record.
On perusal of the record of the case, this Court finds that all the four accused came together along with deadly weapons and thereafter, they snatched the money from the complainant.
(3 of 3)
[CRLMB-6875/2022]
Having considered the gravity of the offences committed by the accused-petitioners, this Court is of the opinion that no case is made out for grant of bail in favour of the accused-petitioners.
Accordingly, all the three bail applications are dismissed at
this stage.
(MANOJ KUMAR GARG),J
13-15-Mohan/-
2 issues framed by the court
Whether bail should be granted to accused-petitioners charged with robbery, attempt to murder, and unlawful assembly.
If the gravity of the offences involving deadly weapons precludes the grant of bail at this stage.
5 provisions across 3 enactments
Sarfaraz @ Murad S/o Salim Khan
Dheeraj S/o Dilip Kumar
Sharif Khan @ Monu S/o Shri Alisher
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
