Ramjilal vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.168/2020 registered

at Police Station Nadauti, District Karauli for the offence under Section(s) 143, 323, 341, 379 & 307 of I.P.C. and later on for the offence under

Section(s) 323, 341, 326, 324, 307 & 34 of I.P.C. and 4/25 of Arms Act.

It is contended by learned counsel for the petitioner that the petitioner is aged about 62 years. He submitted that the medico legal examination of the

injured Kedar Prasad is delayed. Learned counsel submitted that the petitioner and the injured are brothers and the dispute arose out of an immovable

property. He submitted that the petitioner is in custody since 28.07.2020, charge sheet has been filed, co-accused Babu Lal has been extended benefit

of bail by a co-ordinate bench of this Court and prays for release of the petitioner on bail.

Per contra, learned Public Prosecutor submitted that the injured Kedar Prasad has received stab wound on the vital part of the body which has been

opined to be dangerous to life and this injury has specifically been attributed to the present petitioner by Kedar Prasad in his statement recorded under

Section 161 Cr.P.C. He submitted that there is recovery of knife from the petitioner as per information furnished under Section 27 of the Indian

Evidence Act, 1872 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; 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.