The Rajasthan High Court dismissed an application for regular bail under Section 439 CrPC in a case involving murder, looting, and unlawful arms possession, holding that the seriousness of allegations negated any ground for bail.
Bail application dismissed. No ground for grant of bail made out.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 11951/2018
Vivek Pandey Son Of Shri Mahadev Pande By Caste Pande, Aged About 22 Years, R/o H.no. 15, Vardhman Nagar, A Vistar , Ajmer Road, Police Thana Shyam Nagar Jaipur. (At Present Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Naeemuddin Aqil For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
24/10/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 32/2017 registered at Police Station Shyam Nagar, Distt. Jaipur South for offences under Sections 302, 397, 34 of Indian Penal Code, 1860 and Section 3/25, 27 of Arms Act, 1959.
Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. Out of the twenty five witnesses examined, during trial, none of the witness has deposed against the petitioner.
Learned State Counsel on the other hand has opposed the petition and has submitted that the Investigating Officer is main witness, who remains to be examined. Case rests on circumstantial evidence. Deceased Nandram had hired the taxi
(2 of 2) [CRLMB-11951/2018]
driven by the petitioner. However, Nandram was murdered with the help of a firearm and the Car was looted. Recovery of the weapon, used at the time of commission of offence, has been effected from the petitioner.
Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail to him is made out.
Dismissed. Sudha/01
(SABINA)J.
1 issue framed by the court
Whether to grant regular bail in a case involving murder and unlawful possession of firearms.
3 provisions across 3 enactments
Vivek Pandey
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
