High CourtsSingle Bench

Suraj Garg vs State Of Rajasthan

Rajasthan High Court · Decided on 1 April 2022 · Citation: (2022) 04 RAJ CK 0011

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120b, 302, 307, 323, 396, 460
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 1205 Of 2021
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Judgment

7 paragraphs · 220 words

Manoj 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.