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2025 DAILYLAW 31931 (RAJ)

ASLUB ALIAS KABRA S/O MOHAMMED TAHIR v. STATE OF RAJASTHAN

CRLMB/13714/2023 · 2025-02-13

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:6419] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13714/2023 Aslub Alias Kabra S/o Mohammed Tahir, Aged About 28 Years, R/o Nayapura Jama Majid Ke Pass Police Station Kotwali Jhalawar District Jhalawar. (Raj.) (At Present Confined In District Jail, Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Chhavi Chaturvedi For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 13/02/2025 1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner-Aslub Alias Kabra S/o Mohammed Tahir, in connection with FIR No.686/2022 registered at Police Station Kotwali Jhalawar, District Jhalawar (Raj.) for offence(s) under Section(s) 341, 307, 302, 120-B, 34 of IPC and under Section 3/25 & 5/25 of Arms Act. 2. Learned counsel for the accused-petitioner submits that the petitioner has been falsely implicated in this case, he has nothing to do with the alleged offences & he is behind the bars since 25.10.2022. The statements of the material witnesses have been recorded during trial. The investigation as well as trial of the case will take considerable long time, therefore, the present bail application be allowed. [2025:RJ-JP:6419] (2 of 2) [CRLMB-13714/2023] 3. Learned Public Prosecutor has vehemently opposed the bail application and submitted that as per the statements of the witnesses, Aarish died due to the gun shot fired by the petitioner. Thus, the present bail application filed under Section 439 Cr.P.C. deserves to be dismissed. 4. Considered the overall allegations leveled in the FIR, the impugned order and the contentions made by learned counsel for the petitioner. 5. It is emanating from the record that the statements of the eleven witnesses have been recorded during trial and they have stated that the deceased had died due to the gun shot fired by the petitioner. At this stage, scrutiny and analysis of the evidence(s) does not appear to be justified. 6. Thus, without commenting upon the merits/demerits of the case and looking to the overall facts & circumstances of the case, this Court does not deem it appropriate to grant the benefit of regular bail to the accused-petitioner. 7. Accordingly, the instant bail application filed under Section 439 Cr.P.C. is dismissed. (VINOD KUMAR BHARWANI),J SAURABH /338