High CourtsSingle Bench

Dharampal vs State Of Rajasthan

Rajasthan High Court · Decided on 26 April 2023 · Citation: (2023) 04 RAJ CK 0104

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 149, 302, 323, 377, 397
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 934 Of 2023
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Judgment

5 paragraphs · 231 words

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.14/2018, registered at Police Station Sameja Kothi, District Sri Ganganagar, for the offences punishable under Sections 302/149, 377/149, 323/149, 397/149 and 342/149 IPC.

Learned Public Prosecutor has drawn the attention of the Court towards the statement of one (P.W.3) wherein he has clearly named the petitioner in the commission of alleged crime. Learned Public Prosecutor submitted that the petitioner has been named by the eye-witness for brutally murdering/killing the deceased and also looking into the fact that the bail application of the co-accused Gopi Ram has been rejected by a co-ordinate Bench of this Court vide order dated 02.12.2019 passed in (S.B. Criminal Misc. Bail Application No.14209/2019), it was, therefore, prayed that the bail application of present petitioner deserves to be rejected.

Having gone through the facts and circumstances of the case and taking into consideration the seriousness of the allegations levelled against the petitioner, I am not inclined to enlarge the petitioner on bail, however, it is made clear that any observation made by this Court will not come in the way of the trial and the petitioner will be at liberty to file a fresh bail application before the trial court.

Accordingly, the present criminal miscellaneous bail application under Section 439 Cr.P.C. is rejected.