In a second bail application under Section 439 Cr.P.C., the High Court of Rajasthan dismissed the petition. The Bench held that despite hostile prosecution witnesses, the gravity of the offence and the petitioner's criminal antecedents, including a prior threat made during custody, precluded bail.
Application dismissed; no bail granted.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Second Bail Application No. 6152/2024
Jaipal S/o Nirbhay, Aged About 21 Years, R/o Manjhi, Police Station Nadbai, District Bharatpur (Raj.). (At Present Confined In Sewar Jail, Bharatpur).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Rajveer Singh Gurjar Mr. Kapil Nagayach For Respondent(s) : Mr. Amit Kumar Gupta, PP Mr. Jagmohan Bhardwaj
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
10/10/2024
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the learned trial Court and both the witnesses have not supported the prosecution’s story and turned hostile. It is also contended that the injuries caused to injured were not dangerous to life and the recovery of hand made revolver from the petitioner is also doubtful. It is also argued that the accused-petitioner was arrested on 19.08.2023 and charge-sheet was submitted before the concerned Court on 14.11.2023, and thereafter only two witnesses have been examined. He further submits that the injured witness Shyam Singh is deliberately not appearing before the Court for examining himself. It is also submitted that due to family rivalry, petitioner has been falsely implicated by the complainant Shyam Singh. It is also contended that son of Shyam Singh murdered petitioner’s brother Vijay Pal Singh and in retaliation to it the false FIR has been lodged against the petitioner. It is also argued that there is a long list of witnesses and petitioner is in custody since 19.08.2023 and trial of the case is not likely to be concluded in near future. He further submits that the criminal antecedents shown against the petitioner pertains to minor offences, and of year 2019. Therefore, the bail application of the accused-petitioner may be allowed. He relied upon the judgment passed by Hon’ble Apex Court in Special Leave to Appeal (Criminal) No. 8404/2023 Nazim vs. The State of U.P. dated 12.09.2023 wherein the appellant was enlarged on bail under Section 307 of IPC, due to long incarceration of two and a half years. He further relied upon the judgment passed by Hon’ble Apex Court in Special Leave to Appeal (Criminal) No.11244/2023 Taket Jerang vs. The State of Arunachal Pradesh & Anr.
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dated 10.11.2023 wherein the appellant was enlarged on bail after recording the fact that out of 10 accused persons, 7 persons have already been released on bail, the Hon’ble Apex Court also noted the arguments of learned Additional Solicitor General that the petitioner was involved in 92 other criminal cases of similar allegations.
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(PRAVEER BHATNAGAR),J
DEEPA RANI -7
2 issues framed by the court
Whether the petitioner should be enlarged on bail in the second bail application filed under Section 439 Cr.P.C.
Whether the criminal antecedents, gravity of the gun-shot injury offence, or subsequent failure of prosecution witnesses warrants remand to custody.
Colour shows how this judgement treated each authority
Nazim vs. The State of U.P.Referred¶19
Nazim vs. The State of U.P. Special Leave to Appeal (Criminal) No. 8404/2023 dated 12.09.2023
Taket Jerang vs. The State of Arunachal Pradesh & Anr.Referred¶19
Taket Jerang vs. The State of Arunachal Pradesh & Anr. Special Leave to Appeal (Criminal) No.11244/2023 dated 10.11.2023
3 provisions across 3 enactments
Jaipal S/o Nirbhay
State of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
