LAWS(RAJ)-2023-4-62

DHARAMPAL Vs. STATE OF RAJASTHAN

Decided On April 26, 2023
DHARAMPAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.14/2018, registered at Police Station Sameja Kothi, District Sri Ganganagar, for the offences punishable under Ss. 302/149, 377/149, 323/149, 397/149 and 342/149 IPC. Learned Public Prosecutor has drawn the attention of the Court towards the statement of one (P.W.3) wherein he has clearly named the petitioner in the commission of alleged crime. Learned Public Prosecutor submitted that the petitioner has been named by the eye-witness for brutally murdering/killing the deceased and also looking into the fact that the bail application of the co-accused Gopi Ram has been rejected by a co-ordinate Bench of this Court vide order dtd. 2/12/2019 passed in (S.B. Criminal Misc. Bail Application No.14209/2019), it was, therefore, prayed that the bail application of present petitioner deserves to be rejected.

(2.) Having gone through the facts and circumstances of the case and taking into consideration the seriousness of the allegations levelled against the petitioner, I am not inclined to enlarge the petitioner on bail, however, it is made clear that any observation made by this Court will not come in the way of the trial and the petitioner will be at liberty to file a fresh bail application before the trial court. Accordingly, the present criminal miscellaneous bail application under Sec. 439 Cr.P.C. is rejected.