High CourtsSingle Bench

Gautam vs State Of Rajasthan

Rajasthan High Court · Decided on 28 November 2022 · Citation: (2022) 11 RAJ CK 0143

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 401 · Arms Act, 1959 — Section 4, 25
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 15121 Of 2022
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Judgment

6 paragraphs · 213 words

Manoj Kumar Garg, J

The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 549/2021 registered at Police Station Pratapgarh, District Pratapgarh for the offences punishable under Sections 401 of IPC and Section 4/25 of Arms Act.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Similarly situated co-accused have already been granted bail and challan of the case has been presented. Counsel submits that the offences alleged against the petitioner are triable by Magistrate. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has vehemently opposed the bail application.

Having regard to the submissions made by the learned counsel for the parteis and totality of the facts and circumstances of the case, particularly looking to the fact that as many as 21 cases were registered against the petitioner, without expressing any opinion on the merits of the case, this Court is not inclined to grant bail to the petitioner.

Hence, the bail application filed by the petitioner under Section 439 Cr.P.C. is dismissed.