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2024 Supreme(Raj) 512

FARJAND ALI
Naresh Kumar S/o Hava Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioners: Jagmal Singh Choudhary, Pradeep Choudhary.
For the Respondent: S.K. Mehar.
For the Complainant : Rakesh Matoriya.

ORDER :

1. The jurisdiction of this court has been invoked by way of filing the bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein-below:

S. No.

Particulars of the Case

1.

FIR Number

320/2019

2.

Concerned Police Station

Hamirwas

3.

District

Churu

4.

Offences alleged in the FIR

Sections 302, 120-B and 34 of the IPC

5.

Offences added, if any

---

6.

Date of passing of impugned order

23.05.2023

2. It is contended on behalf of the accused-petitioner that he is behind the bars since the year 2019 no case for the alleged offences is made out against him and his incarceration is not warranted. There are several flaws and laches in the case of the prosecution. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the complainant oppose the bail application and submit that the present case is not fit for enlargeme

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