KHARTHARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Prosecuted for offences under Sections 342, 323, 365, 307, 395 and 120-B IPC pursuant to CR No.78/17 of Police Station Gida, District Barmer and apprehended on 4th of June 2017, petitioner has laid this bail application under Section 439 Cr.P.C., 1973 Attempt made by the petitioner for seeking bail before Addl. District & Sessions Judge No.1, Barmer (for short, 'learned trial Court') proved abortive inasmuch as his bail plea is declined by learned trial Court vide its order dated 6th of July 2017.

(2.) Learned Senior Counsel, Mr. Bora, submits that petitioner has been falsely implicated in the matter inasmuch as allegations in the FIR are founded on assumptions. Mr. Bora would contend that during investigation petitioner's involvement in commission of offences is shown solely on the basis of call detail sans any inculpatory evidence against him. Learned Senior Counsel has urged that victim Dharma Ram in his police statements has identified accused Harish s/o Tipu Ram without naming the petitioner. Elaborating his submissions in this behalf, Mr. Bora has urged that victim Dharma Ram in his statements has castigated accused Harish for giving him beatings and electric shocks. Learned counsel has further submitted that the learned trial Court has essentially declined bail to the petitioner by placing heavy reliance on pending 13 criminal cases against him for various offences. While referring to the pending cases, learned Senior Counsel has argued that out of 13 cases, in one case petitioner has been convicted for offence under Sections 457 and 380 IPC whereas in 9 cases petitioner has been acquitted/discharged and only three are still pending trial. Learned Senior Counsel has contended that though victim Dharma Ram has suffered multiple injuries but as per injury report and x-ray report all injuries are simple in nature. Lastly, learned Senior Counsel has submitted that petitioner is under incarceration since 4th of June 2017 and after investigation charge sheet in the matter has already been filed.

(3.) Learned Public Prosecutor, Mr. Rathore, has vehemently opposed bail application of the petitioner. Mr. Rathore has urged that victim has suffered multiple injuries and petitioner's role in commission of offences is clearly evident from the call details. Learned Public Prosecutor has also urged that taking into account pending criminal cases against the petitioner, his bail plea is liable to be thwarted.