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Rajesh Kumar And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 25 January 2022 · Citation: (2022) 01 RAJ CK 0059

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Miscellaneous Interim Bail Application No. 240 Of 2022, S.B. Criminal Miscellaneous Bail Application No. 13649 Of 2021
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Judgment

17 paragraphs · 267 words

Vinit Kumar Mathur, J

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

S.B. Criminal Misc. Interim Bail Application No. 240/2022:-

Learned counsel for the petitioner submits that the petitioner’s wife is suffering from ovarian cyst and she has to be a/w connected matter]

operated upon. Therefore, it is prayed that the petitioner may be enlarged on interim bail.

Learned Public Prosecutor opposes the interim bail application. Learned Public Prosecutor on verification of the petitioner has not found assertion

made by the learned counsel for the petitioner to be correct. Learned Public Prosecutor further submits that there are other family members who can

take care of the petitioner’s wife.

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 interim bail under Section 439 Cr.P.C. to the petitioner.

Accordingly, the present interim bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed.

S.B. Criminal Misc. Bail Application No. 13649/2021:-

Learned counsel for the petitioner does not want to press the present bail application filed under Section 439 Cr.P.C. on behalf of the petitioner at this

stage, however, seeks liberty to file fresh bail application after recording the statements of the Investigating Officer & Seizure Officer before the

learned trial Court.

Accordingly, the present bail application is dismissed as not pressed with the liberty as prayed for.