High CourtsSingle Bench

Lakhan vs State

Rajasthan High Court · Decided on 24 February 2020 · Citation: (2020) 02 RAJ CK 0447

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307, 326 · Arms Act, 1959 — Section 3, 25 · Code Of Criminal Procedure, 1973 — Section 438
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2319 Of 2020
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Judgment

12 paragraphs · 219 words

The 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.