Rajasthan High Court - Jodhpur
Anop Singh vs State on 24 August, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8248/2020
Anop Singh S/o Sh. Gyan Singh @ Gen Singh, Aged About 21
Years, Palra, Police Station Bheem, District Rajsamand. (At
Present Lodged In District Jail Rajsamand).
----Petitioner
Versus
State of Rajasthan, Through P.P.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 7704/2020
Daulat Singh S/o Sh. Asu Singh, Aged About 39 Years, Resident
Of Palra, Police Station Bhim District Rajsamand. (At Present
Lodged In District Jail, Rajsamand).
----Petitioner
Versus
State of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Mahipal Singh
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 24/08/2020 The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 220/2020, Police Station Bheem, District Rajsamand, registered for the offence under Sections 341, 323, 306 of the Indian Penal Code.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. (Downloaded on 24/08/2020 at 08:40:34 PM)
(2 of 2) [CRLMB-8248/2020]
Learned counsel for the petitioners stated that the
petitioners have been falsely implicated in this case there is difference between reasons of fight shown in FIR and statements of witnesses. Learned counsel appeared on behalf of petitioner Anop Singh stated that there is no allegation against Anop Singh from any injured; charge-sheet has been filed; trial will take time, therefore, benefit of bail may be granted to the petitioner.
On the contrary, learned Public Prosecutor opposes the bail application and stated that during statement of Anchhi Devi deceased wife of Khuman Singh, Chhagni Devi, Kamla Devi and Ummed Singh allegations are available against the accused- petitioners.
Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits/demerits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.
Accordingly, the application preferred by the petitioner under Section 439 Cr.P.C. is dismissed.
Learned Trial Court is directed to expedite the trial and call these above four witnesses as first session and record the statement of these witnesses; petitioners will file fresh applications after the statement of above witnesses.
(DEVENDRA KACHHAWAHA),J 25/26-ashish/-
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