High CourtsSingle Bench

Gordhan vs State

Rajasthan High Court · Decided on 11 October 2022 · Citation: (2022) 10 RAJ CK 0009

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 304
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Miscellaneous II Bail Application No. 6167 Of 2022
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Judgment

8 paragraphs · 197 words

Manoj Kumar Garg, J

The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.49/2021 of Police Station Raila, District Bhilwara for the offences punishable under Section 304 of IPC.

The first bail application was dismissed on merit vide order dated 19.08.2021 by the co-ordinate Bench of this Court.

Learned counsel for the petitioner submits that Rahul, son of Surajmal has been examined before the trial Court, as per his statement, there are material contradictions, improvements and omissions. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer for bail.

I have considered the arguments advanced before me and carefully gone through the record.

A specific averment for pushing the deceased in the well is on the accused-petitioner. In these circumstances, without expressing any opinion on merit and demerit of the case, this Court is not inclined to grant benefit of bail to the petitioner.

In the above circumstances, the second bail application filed by the petitioner is hereby rejected.