AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 220 wordsManoj Kumar Garg, J
This is the second bail application under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.55/2018 of Kudi Bhagtasni Police Station Jodhpur, for the offences punishable under Sections 302, 323, 307, 460, 396 R/w 120b of IPC. The first bail application was dismissed by this Court vide order dated 26.09.2018 as not pressed at that stage.
Learned counsel for the petitioner submits that there is no connecting evidence against the present petitioner except the recovery of ornaments. He further submits that Gajri was examined as PW-3 in the Court and she clearly mentioned that the ornaments were recovered from the place of the incident. In these circumstances, the bail may be granted to the petitioner.
Learned Public Prosecutor vehemently opposed the bail application filed by the petitioner.
Heard learned counsel for the petitioner as well as learned Public Prosecutor.
I have considered the arguments advanced before me and gone through the material available on record.
After the arrest of the petitioner, the ornaments were recovered from the possession of the petitioner and the mobile location of the present petitioner was also with the co-accused at the place of incident, therefore, no case for grant of bail is made out. Hence, the present second bail application filed by the petitioner is hereby dismissed.
