Justice Madan Gopal Vyas rejected the bail application for offences under IPC Sections 341, 323, 326, and 307. The court held that until the injured witness records their statement, it is not a fit case for bail, granting liberty to reapply later.
Bail application rejected; liberty granted to file fresh bail application after recording statement.
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[2023/RJJD/008915]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 829/2023
Babu Singh S/o Shri Aidan Singh, Aged About 39 Years, R/o Gavalnada Ps Kalyanpur Tehsil Kalyanpur Dist. Barmer (At Present Lodged In Sub Jail Balotra)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Bhawani Singh |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar, PP |
| Mr. Ashok Kumar Panwar, for the complainant |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
05/04/2023
The present criminal misc. bail application under Section 439 of Cr.P.C. has been preferred by the petitioner in connection with FIR no.88/2022, Police Station Kalyanpur, District Barmer lodged for the offences under Sections 341, 323, 326 and 307 of the IPC.
Learned counsel for the petitioner submits that on the basis of false allegations against the petitioner, the present FIR has been lodged. It is submitted that the complainant has lodged the present FIR to counter blast the civil suit. The challan in the present case has been filed. It is submitted that the petitioner is behind the bars since long. Thus, it is prayed this bail application may be allowed.
Per contra, learned Public Prosecutor as well as learned counsel appearing for the complainant opposed the bail
[2023/RJJD/008915]
[CRLMB-829/2023]
(2 of 2)
application. Learned Public Prosecutor submits that the injuries sustained by the injured are grievous in nature and dangerous to life. Learned Public Prosecutor further submits that the statement of the injured in the present case is yet to be recorded. Therefore, it is submitted that the bail application may kindly be rejected.
Heard the learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel appearing for the complainant and perused the material available on record.
Having regard to the facts and circumstances of the case and in view of the fact that statement of the injured witness is to be recorded, without commenting on the merits and demerits of the case, this Court does not find it to be a fit case for grant of bail to the petitioner.
In view of the above, the present bail application is hereby rejected.
However, the petitioner is granted liberty to file fresh bail application after recording of the statement of the injured.
(MADAN GOPAL VYAS),J
49-CPGoyal/-
1 issue framed by the court
Whether the petitioner is entitled to bail in the circumstances where the statement of the injured has not been recorded yet.
2 provisions across 2 enactments
Babu Singh S/o Shri Aidan Singh
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
