IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL MISC. BAIL APPLICATION NO. /2018

Mr. KRISHNA & ANR

VERSUS

STATE OF RAJASTHAN

INDEX

SR. NO. PARTICULARS PAGE NO.

1. BAIL APPLICATION U/S 439 CR.P.C

2. COPY OF F.I.R. NO. 525/2018

3. CERTIFIED COPY OF ORDER

DATED 31.01.2019
JAIPUR :

DATED :

COUNSEL FOR PETITIONERS

 IN THE COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL MISC. BAIL APPLICATION NO. / 2019

MR. KRISHNA & ANR

VERSUS

STATE OF RAJASTHAN

SYNOPSIS

 That petitioner came to be arrested on 27.01.2019 in case of

F.I.R. No. 525/2018 registered at Police Station Bansur, District

Alwar on 29.10.2018 for offence under section 143, 451, 384, 34

of IPC regarding an incident that took place on 29.10.2018, on

the written report of complainant Hazari Lal which is being

submitted herewith. On the aforesaid report a case of F.I.R. No.

 525/2018 for the offence under section 143, 451, 384, 34 of IPC

has been initiated.

 That the investigation is still going on and the charge sheet has

not been presented till now.

 That the petitioner is nowhere involved in the case as there is no

mention of him in the F.I.R. also.

 That the petition has been falsely implicated in this matter and he

is not required for any investigational.

 That the petitioner moved before the Court Of Additional

Session Judge, Bansur, District Alwar under provision of Section

439 Cr.P.C which was declined under order dated 31.01.2019.

 Hence this bail application is being filed by the petitioner.

COUNSEL FOR THE PETITIONER

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL MISC. BAIL AAPLICATION NO.-----/2018

Mr. Krishna Gujjar S/O Shri Ramkaran Gujjar, by caste Gujjar, resident of

Dungariya, Tehsil and Police Station Bansur District Alwar.(At present

languishing in Central Jail, Alwar)

… ACCUSED-PETITIONER

VERSUS

THE STATE OF RAJASTHAN THROUGH P.P

… RESPONDENT
 S.B. CRIMINAL MISC. BAIL APPLICATION UNDER

SECTION 439 CR.P.C. IN THE MATTER OF F.I.R. NO.

525/2018 REGISTERED AT POLICE STATION BANSUR,

DISTRICT ALWAR FOR THE OFFENCE UNDER SECTION

143, 451,384,34 I.P.C. ( LEARNED MANISH BHATNAGAR,

R.H.J.S. ADDITIONAL AND SESSION JUDGE, BANSUR

DISTRICT ALWAR DECLINED BAIL TO THE PETITIONER

UNDER ORDER DATED 31.01.2019.

TO

THE HON’BLE CHIEF JUSTICE AND HIS COMPANION

JUDGES OF THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JAIPUR BENCH, JAIPUR.

MAY IT PLEASE YOUR LORDSHIPS,

The humble accused-petitioner most respectfully submits

as under:

1. That the petitioners are persons having good repute in their locality and

they have not any conviction to their discredit.

2. That petitioner came to be arrested on 27.01.2019 in case of F.I.R. No.

525/2018 registered at Police Station Bansur, District Alwar on

29.10.2018 for offence under section 143, 451, 384, 34 of IPC

regarding an incident that took place on 29.10.2018, on the written

report of complainant Hazari Lal which is being submitted herewith.

On the aforesaid report a case of F.I.R. No. 525/2018 for the

offence under section 143, 451, 384, 34 of IPC has been initiated.

3. That the investigation is still going on and the charge sheet has not

been presented till now.

4. That the petitioner is nowhere involved in the case as there is no

mention of him in the F.I.R. also.

5. That the petition has been falsely implicated in this matter and he is

not required for any investigational.

6. That the petitioner moved before the Court Of Additional Session

Judge, Bansur, District Alwar under provision of Section 439 Cr.P.C

which was declined under order dated 31.01.2019.

7. That being aggrieved with the aforesaid situation this application

seeking bail in terms of the provision of Section 439 Cr.P.C. is being

preferred interalia on the following grounds

 GROUNDS

A. That the petitioners have not committed any offence punishable with

death or life imprisonment.

B. That the petitioner are entitled for bail in view of the fact that he has

been falsely implicated in the case as in F.I.R. No. 525/2018 which

was registered on 29.10.2018 at Police Station Bansur District Alwar

under section 143, 451, 384, 34 of IPC the is no mention of petitioner

by the complainant.

C. That the petitioners are languishing in jail since 27.01.2019

continuously. No purpose would be solved to detain the petitioner in

custody for unlimited period because he is not main accused of the

case. Therefore, the petitioner is entitled to be released on bail.

D. That the petitioner have been falsely implicated in this criminal case

simply to harass his. Hence the petitioners are entitled to be released

on bail.

E. That there is no likelihood of the applicant felling from justice or

otherwise interfering with the investigation or proceedings of the case.

The petitioner is not likely to abscond, if enlarged on bail.

F. That the applicant is prepared and ready to furnish bail and surety

bonds to the entire satisfaction of this Hon’ble Court and also abide by

the conditions if any imposed by the Hon’ble Court.

G. That other grounds will be urged at the time of arguments.

PRAYER

It is, therefore, most humbly prayed that your Lordship may graciously

be pleased to accept and allow this bail application and may further be

pleased to release the petitioners on bail in the case of F.I.R. No.

525/2018 registered at Police Station Bansur, District Alwar.

JAIPUR:

DATED:

HUMBLE PETITIONER
THROUGH COUNSEL:
(KOUSHAL BHARDWAJ)
ADVOCATE

Notes :

1. That no bail application has been filed prior to it.

2. A copy of this has been given to P.P.

3. Pie- Paper are not readily available hence typed on stout paper.

4. This Misc. bail application has been typed by my steno who is not

the employee of the High Court.

5. That the matter pertains to the jurisdiction of Hon’ble Rajasthan

High Court, Jaipur Bench, Jaipur.

COUNSEL FOR PETITIONERS