Rajasthan High Court - Jaipur
Jitendra Son Of Ramesh Chandra @ ... vs State Of Rajasthan on 11 February, 2022
Author: Chandra Kumar Songara
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1774/2022
Jitendra Son Of Ramesh Chandra @ Shankariya, Resident Of
Dovari Mohhala, Basai Nabav, Thana Kolari, Dholpur, District
Dholpur (At Present Confined In District Jail Dholpur)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Mohit Sharma, Advocate
For Respondent(s) : Mr. F.R. Meena, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 11/02/2022 This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No. 218/2021 registered at Police Station Kolari, District Dholpur for the offences under Sections 143, 323, 341, 325, 504, 506 and 307 of IPC.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has been implicated as he has lodged a cross FIR No.220/2021 against the complainant party for house breaking and theft in his house. Learned counsel further submits that no case is made out against the petitioner and he is behind the bars since 14.12.2021. Learned counsel further submits that charge-sheet has been filed and the petitioner has no criminal antecedents. Hence, the accused- petitioner may be released on bail.
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(2 of 2) [CRLMB-1774/2022] Learned Public Prosecutor has strongly opposed the bail application.
Heard learned counsel for the parties and perused the material available on record.
As per X-ray and injury report of injured-Rahul, he received one injury caused by a sharp weapon on his frontal parietal region, which is grievous in nature and dangerous to life. As per injury report of injured-Kamlesh, she received three injuries caused by a blunt weapon, out of which injuries No.1 and 2 are grievous in nature, which are on her left forearm and toe of left foot to mid thigh. As per injury report of injured-Kunwar Pal, he received four injuries, out of which injury No.1 is grievous in nature, which is on his tip of finger to mid forearm on left side. As per injury report of injured-Sugar Singh, he received four injuries caused by a blunt weapon, which are simple in nature. Therefore, looking to the Police statement of injured-Rahul, Kamlesh, Kunwar Pal and Sugar Singh and the fact that after investigation charge- sheet has been filed against the petitioner for offences under Sections 323, 341, 325, 307, 504, 506 & 34 of IPC and gravity of offence; but without expressing any opinion on the merits/demerits of the case, this court deems it not proper to release the petitioner on bail.
Accordingly, this bail application under Section 439 Cr.P.C. is dismissed.
However, the petitioner would be at liberty to file afresh after recording of statement of the injured witnesses.
(CHANDRA KUMAR SONGARA),J Ashish Kumar /34 (Downloaded on 16/02/2022 at 09:08:29 PM) Powered by TCPDF (www.tcpdf.org)