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2024 Supreme(Online)(RAJ) 288

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
NAKLA RAM @ NAKA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Mr. Pradeep Kumar Shah, Mr. Ishwar Singh, Mr. Abhishek Purohit, AGA

ORDER

1.The jurisdiction of this Court has been invoked by way of filing applications under Section 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:

    S.No.Particulars of the Case

1.FIR Number440/2023

2.Concerned Police Station Bhinmal

3.DistrictJalore (2 of 3) [CRLMB-8434/2024]

4.Offences alleged in the FIRUnder Sections 365, 392 and 376-D of the IPC

5.Offences added, if anySections 323, 342, 354 and 366 of the IPC

6.Date of passing of impugned order 25.06.2024

2.It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they have been made accused based on conjectures and surmises.

3.Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

4.I have considered the submissions made by both the parties and have perused the material available on record.

5.The star witness ‘B’ has

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