The Rajasthan High Court dismissed a bail application filed under Section 438 CrPC. The petitioner was accused of murder and conspiracy in connection with an FIR where he was alleged to have hatched the conspiracy to murder the deceased by informing others of the location.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11391/2021
Shankar Lal S/o Sayarmal Swami, Aged About 28 Years, R/o Roi Wali Dhani Daultprua (Vill.) Tehsil Amer Jaipur Raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Arvind Kumar Gupta For Respondent(s) : Mr. Sanjeev Kumar Mehla, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
18/10/2021
This bail application has been filed under Section 438 CrPC. in connection with FIR No.443/2019 registered at Police Station Chomu, District Jaipur for the offences under Sections 302, 34 & 120B of IPC whereupon the investigation was commenced. Apprehending his arrest, the petitioner moved the bail application before the court below, which was dismissed. Hence, the present bail application has been filed.
Learned counsel for the petitioner submits that the chargesheet has been filed as against the other co-accused wherein the statement was recorded of one Mukesh Kumar Saini who has stated that the petitioner was driving the motor-cycle in the area. However, there is no allegation against the petitioner in any of the statement made by any of the witnesses and the petitioner has been made as an accused under Section 120-B of IPC on the basis of petitioner driving motor-cycle in the area.
(2 of 2)
[CRLMB-11391/2021]
Learned Public Prosecutor points out that the Police after investigation has submitted the charge-sheet against the other coaccused and has in the charge-sheet mentioned the petitioner having hatched the conspiracy to murder the deceased-Sandeep Bugala who was a history-sheeter and Sanker Swami-petitioner is said to have informed the location of the deceased to Amit Kumar Choudhary who murdered the deceased along with other two coaccused against whom challan has been filed. Thus, learned Public Prosecutor opposes the bail application.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the entire material available on record.
I have considered the submissions.
Taking into consideration the nature of allegations as noticed above and also taking into consideration the investigation report as submitted in the charge-sheet, where the petitioner is said to be one of the accused who has hatched the conspiracy resulting in murdering of one Sandeep Bugala, this Court is not inclined to grant anticipatory bail to the petitioner. The bail application is
accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
SAURABH/8
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of murder and conspiracy charges.
1 provisions across 1 enactments
Shankar Lal S/o Sayarmal Swami
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
