RAMNARESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed by the applicant-accused Ramnaresh son of Shri Sapta Prasad under Section 439 of Cr.P.C. seeking his release on bail. The applicant was arrested in respect of F.I.R. No.180/2010, registered at Police Station Rajakhera Dholpur, Rajasthan, for the offence under Sections 147, 148, 149, 307, 302, 323, 324, 325 and 327 of IPC read with Section 3/25 of the Arms Act. The charge sheet has also been filed in respect of the said offences and the case has also been registered as Sessions Case No.86/2010 before the concerned court.

(2.) It is submitted by the learned counsel Mr. Manish Gupta for the applicant-accused that the applicant has been falsely implicated in the case. According to him, there was no evidence to show that the deceased had died as a result of gun shot injury, caused by the present applicant. He also submitted that the trial is likely to take long time, and therefore the applicant be released on bail. However, the learned Public Prosecutor Mr. Mahendra Meena for the State, submitted that there is prima facie involvement of the applicant in the alleged offences and his name has also been mentioned in the said F.I.R. He also submitted that incriminating article i.e. gun, was also recovered from the applicant, and therefore the application deserves to be dismissed.

(3.) Having regard to the submissions made by the learned counsels for the parties, and to the documents on record, it appears that there is prima facie involvement of the present applicant in the alleged offences, and that the gun was also recovered from the applicant, who had allegedly used the same for committing the alleged offences. Having regard to the gravity and seriousness of the alleged offences, the Court is not inclined to grant the present second bail application of the applicant.