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Hullas Chand S/o Sh. Hazari Ram v. State, Through Pp

Hullas Chand S/o Sh. Hazari Ram v. State, Through Pp

(High Court Of Rajasthan, Jodhpur Bench)

S.B. Criminal Miscellaneous Bail Application No. 14229/2020 | 07-01-2021

1. Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.113/2020, Police Station Doongargarh, District Bikaner for the offences under Sections 302, 342 and 34 of the IPC.

3. Heard learned counsel for the parties. Perused the material available on record.

4. Learned counsel for the petitioner submits that the only allegation against the present petitioner is inflicting injuries on the legs of the deceased. He further submits that even as per the statement of Jasveer Saharan and Hadman, the petitioner has been attributed injuries on the non-vital parts of the deceased Devkaran. Therefore, he prays that the petitioner may be enlarged on bail.

5. Per contra, learned Public Prosecutor opposes the bail application.

6. I have considered the rival submissions. A bare perusal of the statements of Hadman, it is clear that the petitioner followed Devkaran and caught of him and after calling his wife to get the pipe, the injuries have been inflicted by the petitioner on deceased Devkaran. The recovery of blood stained pipe has also been effected from the present petitioner.

7. Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage.

8. Accordingly, the present bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed.

Advocate List
  • Mr. Vipin Makkad through video conferencing on ‘Cisco Webex app’

  • Mr. S.K. Bhati, PP

Bench
  • HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Eq Citations
  • LQ
  • LQ/RajHC/2021/11469
Head Note

Criminal Procedure Code, 1973 — S. 439 — Bail — Grant of — Murder — Petitioner alleged to have followed deceased and caught hold of him and after calling his wife to get the pipe, inflicted injuries on deceased — Recovery of blood stained pipe also effected from petitioner — Considering nature of accusation and gravity of offence, petitioner not entitled to bail — Bail application dismissed