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Judgment
12 paragraphs · 219 wordsThe present application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.315/2019, Police
Station Nimbahera Kotwali, District Chittorgarh for the offences under Sections 307, 326/34 of IPC and Section 3/25 of the Arms Act.
Heard. Perused the material available on record.
Learned Public Prosecutor has vehemently opposed the bail application.
Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of
the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under
Section 438 Cr.P.C. to the petitioner. Accordingly, the application preferred by the petitioner under Section 438 Cr.P.C. is hereby rejected.
However, it is submitted on behalf of the petitioner that petitioner is ready to surrender before the concerned court, which may consider his bail
application on the same day.
Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioner Lakhan S/o Shri
Narain Gyari surrenders before the trial Court on or before 18/03/2020 and file a bail application there, the Court concerned shall consider his bail
application preferably on the same day in accordance with law.
