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ASHOK KUMAR GODHA v STATE - CRLMB Case No. 2442 of 2007  RD-RJ 3140 (4 July 2007)
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 2442/2007
(Ashok Kumar Godha Vs. State of Raj.)
DATE OF ORDER : 4.7.2007
HON'BLE MR. JUSTICE BHANWAROO KHAN
Mr. Mahesh Thanvi,for the applicant.
Mr. Vishnu Kachhawaha, Public Prosecutor.
Heard learned counsel for the applicant and learned Public Prosecutor for the State.
The accused is facing charge under Sections 332, 324, 326, 341, 307/34 IPC. Learned counsel for the petitioner submits that the challan has already been filed before the trial Court and the accused is in custody since 20.1.2007, but from the documents produced by the learned counsel, it reveals that the injured Vikas Gehlot has received Stab Incised Wound mostly on chest and the expert report says that injury
No.1 received by Vikas Gehlot is dangerous to life.
At this juncture, looking to the facts and circumstances of the case, it is not a fit case to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.
Accordingly, the bail application under
Section 439 Cr.P.C. is rejected with liberty to the petitioner to file afresh as and when the statement of injured is recorded before the trial court.
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