HIMANSHU SAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant application has been preferred under Sec. 439 (2) of Code of Criminal Procedure, 1973 seeking cancellation of bail granted to the accused-respondent No.2, namely Suresh son of Shri Kishore under Sec. 439 of Cr.P.C. by this Court in S.B. Criminal Miscellaneous Bail Application No.13771/2022 vide its impugned order dtd. 13/9/2022, in F.I.R. No.109/2022 registered at Police Station Vaishali Nagar District Jaipur for offences punishable under Ss. 147, 148, 149, 341, 323, 302 and 34 of Indian Penal Code.

(2.) It is submitted by learned counsel appearing for the complainant-petitioner that as per F.I.R., the accused-respondent No.2 had an active role in the murder of deceased-Vishal. It is also submitted that the deceased-Vishal had sustained six-injuries on his body, out of which two injuries were on the head of deceased caused by Mahendra and rest of the injuries were caused by other accused-persons. It is contended that the act of accused-respondent No.2 is serious in nature as he is regularly harassing the family members of the deceased. Therefore, the present application be allowed and the liberty of bail, so granted to the accused-respondent No.2 by this Court be cancelled and he may be ordered to be sent behind the bars.

(3.) Learned Public Prosecutor appearing for the State has strongly opposed the bail cancellation application.