This order considers a bail application under Section 439 Cr.P.C. filed by an accused in a double murder and robbery case. The court, noting strong evidence including victim murder, property recovery, and CCTV footage, rejected the bail plea.
Bail application rejected.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 302/2022
Sunil Kumar S/o Shri Raj Kumar, Aged About 22 Years, R/o Baibalpur, P.s. Sadar, Fatehbad, Distt. Fatehbad Haryana. (Presently Lodged In Distt. Jail, Churu)
----Petitioner
Versus
State, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 7249/2022
Laxman Ram S/o Jhumar Ram, Aged About 69 Years, R/o Sangha Ps Saedulgarh Dist. Mansa Punjab (At Present Lodged In Sub Jail Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Hari Shankar Shrimali |
|---|---|
| For Respondent(s) | : Mr. Shrawan Bishnoi,PP. |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/09/2022
Bail Application No. 302/2022:-
Learned counsel for the petitioner does not want to press
this bail application at this stage.
Hence, the bail application is hereby dismissed as not
pressed at this stage.
Bail Application No. 7249/2022:-
(2 of 2)
The present bail application has been filed under Section 439
Cr.P.C. The petitioner has been arrested in connection with FIR No.283/2021 of Police Station Rajgarh, District Churu for the offence punishable under Sections 147, 148, 302/149, 396, 397, 450, 120-B of the IPC.
Learned counsel for the petitioner submits that petitioner was not at all present at the site of incident and no specific role has been assigned to him. Counsel further submits that so far as the goats recovered are concerned, the petitioner only fed grass to the goats. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer for bail.
I have considered the arguments advanced before me and carefully gone through the record.
This is the case of double murder and the allegation against the present petitioner is that he along with the other co-accused killed Krishna and Rajesh and looted their goats. The goats have also been recovered at the instance of the present petitioner and other co-accused. CCTV footage is also available on record. Therefore, this Court is not inclined to grant benefit of bail to the present petitioner.
In the above circumstances, the bail application filed by the petitioner is hereby rejected.
(MANOJ KUMAR GARG),J
8-9-raksha/-
3 issues framed by the court
Whether bail should be granted to the petitioner accused of double murder and robbery despite claims of non-presence at the crime scene.
Whether the recovery of goats and CCTV footage preclude the granting of bail in a double murder case.
Whether the benefit of bail should be accorded under Section 439 Cr.P.C. given the gravity of the charges under IPC.
1 provisions across 1 enactments
Laxman Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
