The High Court of Rajasthan rejected Section 439 Cr.P.C. bail application for an accused arrested for murder. The court declined to grant bail at this stage before recording the witness statement subject to section 161 Cr.P.C.
Benefit of bail under Section 439 Cr.P.C. is rejected.
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[CRLMB-10186/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10186/2021
Prem Singh S/o Shri Madan Singh, Aged About 25 Years, B/c Rajput, R/o Smichamefhawato Ka Vas, P.S. Kelwada, District Rajsamand.
(At Present Lodged at District Jail, Rajsamand)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. S.S. Sisodia For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
23/10/2021
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with the F.I.R. No.82/2021 registered at Police Station Kelwada, District Rajsamand for the offences punishable under Sections 302, 201, 148, 115, 109 of IPC.
Heard learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that accusedpetitioner was not named in the FIR, even petitioner was not named in the statement of complainant Manju recorded under Section 161 Cr.P.C.; there is no eye witness in the present case; charge-sheet has been submitted on the basis of circumstantial evidence; petitioner is behind the bars since April, 2021; charge-
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[CRLMB-10186/2021]
sheet has been filed and trial will take time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor vehemently and fervently opposed the bail application and stated that as per the statement of Panna Singh recorded under Section 161 Cr.P.C., Panna Singh stated that on the date of occurrence i.e. 31.03.2021, one of the accused Kishan came and purchased liquor from my shop and informed me that he (kishan) along with Bheru S/o Pema and Prem Singh S/o Madan Singh enjoying party at the filed of Bheru, therefore, I believed that Uday Singh was killed by Heera Singh, Nathi, Naruram with the connivance of Kishan, Bheru and Prem Singh .
Having regard to the facts and circumstances of the case, particularly the statement of Panna Singh, without expressing any opinion on the merits/demerits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the accused-petitioner at this stage before recording the statement of Panna Singh before the learned trial Court.
Accordingly, the present bail application preferred by the petitioner - Prem Singh S/o Shri Madan Singh under Section 439 Cr.P.C. is rejected.
(DEVENDRA KACHHAWAHA),J
2-Arvind/-
1 issue framed by the court
Whether bail should be granted to the petitioner who is in judicial custody accused of murder.
1 provisions across 1 enactments
Prem Singh
State of Rajasthan
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
