Premaram Aka Premraj Aka Prem vs State

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.171/2020, Police Station Osiyan, for the offences under Sections 332, 353, 307 IPC and Section 3/25 Arms Act, 1959.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as the allegations leveled against him are baseless and frivolous. He further submits that the petitioner is in custody for about 7-8 months for pseudo allegations imposed on the petitioner in another case. Learned counsel for the petitioner further submits that the petitioner was hospitalized on 13.7.2020 due to injury suffered by gunshot and during this time, the petitioner was under the custody of police officials in the hospital but the said police officials did not show the petitioner's arrest on record till 31.7.2020 and they have proceeded malafidely on lately lodged FIR, therefore, this bail application deserves to be allowed.

Learned PP opposed the bail application stating that the petitioner has fired upon the Police officials during the investigation and they were on duty and in deffence of this fire they also fired and during this time the petitioner got injury on his leg. Learned PP also submits that six other cases are also pending against the petitioner and he is a habitual offender.

Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.

Accordingly, the application preferred by the petitioner under Section 439 Cr.P.C. is dismissed at this stage.