LAWS(RAJ)-2010-8-19

RAKESH GURJAR Vs. STATE OF RAJASTHAN

Decided On August 25, 2010
Rakesh Gurjar Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned Counsel for petitioner as well as learned Public Prosecutor for State and perused the relevant documents placed before me.

(2.) Contention of the learned Counsel for petitioner is that the main allegation of causing injury in the attachment proceedings by recovery officer was against co-accused Ramswaroop Gurjar against whom decree of recovery was passed by the court. Petitioner is his relative and therefore, he was also made an accused along with him. Co-accused Ramswaroop Gurjar has already been granted the benefit of pre-arrest bail on 23.7.2010 passed by the co-ordinate Bench of this Court in SB Cr. Misc. Bail Application No. 6987/2010 on an Undertaking that he will settle the matter by paying the loan amount to the decree holder. Case of the petitioner stands on better footing than that of co-accused Ramswaroop Gurjar.

(3.) Learned Public Prosecutor has opposed the bail application but could not dispute the factual submissions made above.