SHAHJAD ALI @ BABU S/O LIYAKAT ALI v. STATE OF RAJASTHAN
CRLMB/16245/2024 · 2025-02-06
Narendra Singh Dhaddha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35361 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35361 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:5271] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 16245/2024 Shahjad Ali @ Babu S/o Liyakat Ali, Aged About 28 Years, R/o House No. Ff 200 Jda Colony, Road No. 17, Vishwakarma, Police Station Vishwakarma Jaipur At Present Confined At Central Jail Jaipur. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. S.S. Hasan, Sr. Adv. with Mr. Sameer Khan, Adv. and Mr. Aquif Khan, Adv. For Respondent(s) : Mr. Jaiprakash Tiwari, Dy. G.A HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order 06/02/2025
1. The present 3rd bail application has been filed by the petitioner under Section 483 B.N.S.S. in connection with FIR No.397/2021 Registered at Police Station Vishwakarma Jaipur (West) District Jaipur for the offence(s) under Sections 323, 341 and 143 IPC (later on offence(s) under Sections 147, 148, 149, 302 and 120B IPC were found to have been made out).
2.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in th`is case. He is behind the bars since 19.10.2021. Charge-sheet has been filed against the petitioner. Learned counsel for the petitioner further submits that eye-witnesses have not supported the prosecution story. Similarly situated co-accused Vinod Kumar Saini, Sonu Meena and Sanni @ Rahul Sharma have been enlarged on bail by the Co-ordinate
[2025:RJ-JP:5271] (2 of 2) [CRLMB-16245/2024] Benches of this Court. Learned counsel for the petitioner further submits that as per the prosecution story, iron pipe was recovered from the possession of the petitioner but no blood stains were detected on it. Conclusion of trial may take long time. So, the petitioner be enlarged on bail.
3. Learned Dy. G.A. has opposed the arguments advanced by
learned counsel for the petitioner and submitted that petitioner and other co-accused had inflicted the injuries on the body of the deceased-Ram Chand Gurjar. As per postmortem report he died due to said injuries. So, looking to the gravity of offence, the 3rd bail application filed by the petitioner be dismissed.
4. I have considered the arguments advanced by learned counsel for the petitioner as well as learned Dy. G.A.
5. Allegation against the petitioner is that the petitioner and other co-accused had inflicted the injuries to deceased-Ram Chand Gurjar and he died due to injuries inflicted by the petitioner and other co-accused. Recovery of an iron pipe was also affected from his possession. So, looking to the gravity of offence and nature of allegation, I do not consider it a fit case to enlarge the petitioner on bail.
5. Consequently, this 3rd bail application is dismissed.
(NARENDRA SINGH DHADDHA),J AVINASH GULERIA /179