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[CRLMB-11298/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 11298/2021

Guman Singh S/o Narayan Singh, Aged About 50 Years, Village

Bucheti Tehsil Baori P.s. Kherapa Dist. Jodhpur.

(At Present Lodged In Central Jail, Jodhpur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. R.S. Chouhan

For Respondent(s)

:

Mr. Sudhir Tak, P.P.

Mr. Teja Ram-complainant

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

23/09/2021

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.93/2021, Police Station Kherapa, District

Jodhpur, registered for the offences under Sections 341, 323, 325,

307/34 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that as per FIR,

none of the injures caused by accused-petitioner to injured-

Kishansingh; injury no.1 of Kishan Singh found to be grievous in

nature and caused by axe whereas alleged lathi had been

recovered from the accused-petitioner; there is no allegation that

blow was made by the accused-petitioner through axe; trial will

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[CRLMB-11298/2021]

take sufficiently long time, therefore, benefit of bail may be

granted to the accused petitioner.

On the contrary, learned Public Prosecutor as well as learned

counsel for the complainant have opposed the bail application of

the accused-petitioner and stated that while perusing report of

injured-Kishansingh, injury no.1, which is found dangerous to life

and on vital part, is lacerated wound; that injured-Kishansingh

categorically stated in his statement that lathi blow was caused by

Guman Singh on his head; it is also alleged that injuries of

Swaroop Kanwar and Laxman Singh are also attributed to the

petitioner; statement of Kishansingh is also corroborated by the

statements of Laxman Singh, Gopaldan and Bhanwarsingh.

Having regard to the facts and circumstances of the case, I

do not find it to be a fit case for grant of bail in favour of the

accused-petitioner before recording of the statments of injured,

viz., Kishansingh, Laxman and Swaroop Kanwar, and thus, the

present bail application deserves to be rejected.

Accordingly, the instant bail application filed under Section

439 Cr.P.C. is rejected.

(DEVENDRA KACHHAWAHA),J

20-Bharti/-