HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 9066/2021

Kapil Gurjar S/o Udai Lal Gurjar, Aged About 27 Years, Behind

Maharaj Hotel, Shivnagar Behind, Police Line, Bhilwara Police

Station Pratapnagar, Bhilwara.

(Presently Lodged At District Jail Bhilwara)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. V.N. Kalla

For Respondent(s)

:

Mr. Mukhtiyaar Khan, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

16/08/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.434/2020, Police Station Subhashnagar,

District Bhilwara, registered for the offence under Sections 365,

302, 109, 110, 392, 120-B of IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that benefit of bail

has been granted to co-accused persons-Devi Lal, Rameshwar and

Satu & Satyanarayan by co-ordinate Bench of this Court vide

orders dated 22.04.2021 and 25.05.2021 respectively. It is

further stated that Kasia was recovered from the possession of co-

accused Satu @ Satyanarayan and allegations against the

accused-petitioner are similar to that of allegation against Satu @

(2 of 2)

[CRLMB-9066/2021]

Satyanarayan; charge-sheet has been filed in the matter; further

investigation and trial will take sufficiently long time, therefore,

benefit of bail may also be granted to the accused-petitioner.

On the contrary, learned Public Prosecutor opposed the bail

application of the accused-petitioner and stated that as per post-

mortem report, injury no.1 of the deceased was observed as

grievous in nature and dangerous to life which was caused by

blunt weapon and lathi was recovered from the possession of

accused-petitioner.

Having regard to the facts and circumstances of the case,

particularly to the fact that injury nos.2, 3 & 4 were prima facie

caused by sharped weapon, i.e., kasia, which was recovered from

Satu @ Satyanarayan, who has been granted benefit of bail by co-

ordinate Bench of this Court but these injures are found simple in

nature and not on any vital part of the body whereas injury No.1

is found dangerous to life and on vital part of the body, i.e., skull

and caused by lathi which was recovered from the accused-

petitioner.

In view of above, without expressing any opinion on

merits/demerits of the case, I do not find it to be a fit case for

granting the benefit of bail to the accused-petitioner at this stage.

Accordingly, the bail application preferred by the petitioner

Kapil Gurjar S/o Udai Lal Gurjar under Section 439 Cr.P.C. is

dismissed at this stage.

(DEVENDRA KACHHAWAHA),J

23-Bharti/-