SONU @ SURENDRA S/O PRADEEP @ BHONDU B/C MEENA, R/O MANDLIKAPURA TAN SANTHA Vs. STATE OF RAJASTHAN THROUGH PP

JUDGEMENT

(1.) This bail application has been filed under Sec. 439 Crimial P.C. Brief facts of the case are that an FIR No. 251/2014 was registered at PS-Mahuwa, Distt. Dausa for the offence/s under Sections 147, 148, 149, 171-F, 188, 332, 353, 336, 427 Penal Code and Sec. 3 of PDPP Act against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter the petitioner moved bail application before the learned Court below under Sec. 439 Cr.P.C, who vide detailed impugned order dismissed the bail application. Hence this bail application has been preferred on behalf of the petitioner. ...[VERNACULAR TEXT OMITTED]...

(2.) Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in this case, he has nothing to do with the alleged crime, there is no case made out against the petitioner. It is also contended that neither the petitioner has forcibly entered into the polling booth nor has pelted the stones upon the public or any of the Government Servant. It has also been contended that the petitioner has also neither created any hindrance in the election process nor obstructed in the work of any security or police during election proceedings. It is submitted that the petitioner is a social and political worker, other co-accused persons namely Lajji Ram, Lokesh, Pintu etc have been enlarged on bail and the case of the petitioner is on better footing, hence , the accused petitioner should be released on bail.

(3.) On the other hand, learned Public Prosecutor has opposed the bail application and contended that the petitioner has pelted the stones upon the police security guards at Mahuwa polling booth and challan has been filed in absence of the accused petitioner, hence petitioner should not be released on bail.