CR MISC BAIL APPLICATION No. 4134 of 2011 · Rajasthan High Court

HON'BLE MR. JUSTICE MN BHANDARI Mr Umesh Vyas - for the petitioners Mr Amit Poonia, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the matter thus they may be enlarged on bail. On the other hand, learned Public Prosecutor has opposed the bail application. He submits that petitioners did not press the bail application before the court below thus this bail application may not be entertained. This is more so when petitioners were given liberty to file fresh bail application on recording statement of the complainant. In view of aforesaid, bail application may be dismissed. 2 After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am not inclined to grant bail to the petitioners. Hence, bail application is dismissed. However, as prayed by learned counsel for petitioners, they would be at liberty to file fresh bail application on recording statement of complainant. The learned trial court is directed to record statement of the complainant on priority basis, if possible, within a period of three months. bnsharma (MN BHANDARI), J.