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Judgment
15 paragraphs · 299 wordsThe present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.236/2020 registered
at Police Station Sapotara, District Karauli, for the offence(s) under Section(s) 143, 323, 341, 452, 379 and 307 of IPC and 3/25 of Arms Act and later
on for the offence(s) under Section(s) 143, 341, 323, 452, 307 and 3/25 of Arms Act.
It is contended by learned counsel for the petitioner that he has falsely been implicated in this case which arose out of boundary dispute between the
parties. He submitted that the injured Mahilal has received simple injury only and the matter has been compromised between the parties. With regard
to criminal antecedents, learned counsel for the petitioner submitted that he has already been acquitted in one of the criminal case registered against
him. He submits that the petitioner is in custody since 08.09.2020, investigation as against him is complete and prays for his release on bail.
Opposing the bail application, it is contended by learned Public Prosecutor that there is specific allegation against the petitioner of opening gun fire
resulting into injury on the person of Mahilal. He submitted that the weapon of offence has been recovered at his instance.
Learned Public Prosecutor further submitted that in addition to the present case, there are five other criminal cases pending against the petitioner
involving heinous offences and hence, the petitioner does not deserve indulgence of bail.
Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature and gravity of allegations against the
petitioner and his criminal antecedents which involve offences of serious nature; but, without expressing any opinion on the merits of the case, I am
not inclined to enlarge the petitioner on bail.
The bail application is rejected accordingly.
