Allowed

Rahul S/O Prabhati v. State of Rajasthan

Rajasthan HC22 Apr 2022CRLMB/39/2022

Case brief

AI extract

What is this about?

The Court granted regular bail to the petitioner accused of murder under Section 302 IPC. The order was based on the lack of last seen evidence, gaps in the FIR timeline, and absence of investigation material connecting the accused to the crime.

What did the court decide?

Petitioner enlarged on bail subject to satisfaction of the trial Court; direction to send copy to trial Court.

Rahul S/O Prabhati Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 39/2022

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Rahul S/o Prabhati, Aged About 21 Years, R/o Balotaki Ps Ramgarh Dist. Alwar Raj. (At Present Confined In Central Jail Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Arvind Kumar Gupta, Sr. Counsel assisted by Mr. Anurag Pareek For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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22/04/2022

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The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 0511/2020 Registered at Police Station Ramgarh, District Alwar for the offence(s) under Section 302 of IPC.

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Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that according to F.I.R. lodged by the father of the deceased on 30.09.2020, her daughter left home on 29.09.2020 at about 6:00 p.m. and was found dead on 30.09.2020 and the petitioner was in love affair with the deceased and he murdered the deceased. Counsel further submits that it is a case of circumstantial evidence and there is no last seen evidence. Counsel further submits that in the statements of the mother, father and brother of the deceased, there is no allegation that the deceased went with the petitioner on the date of occurrence or a day prior thereto. Counsel further

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(2 of 3)

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[CRLMB-39/2022]

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submits that petitioner and deceased were having love affair for last about 2 years and both of them belong to different caste which was not acceptable to the family members of the deceased and on account of which it is possible that they murdered the deceased. Counsel further submits that it is a case of honour killing. Counsel further submits that the petitioner is in custody since 02.10.2020.

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Counsel for the petitioner relied on the judgment passed by the Hon’ble Supreme Court in the matter of Sharad Birdhichand Sarda Vs. State of Maharashtra reported in (1984) 4 SCC 16.

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Learned Public Prosecutor has opposed the bail application.

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Heard counsel for the parties and perused the record.

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Considering the material on record and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it just and proper to enlarge the petitioner on bail for the reasons; firstly, there is no last seen evidence; secondly, the girl was missing a day prior to the lodging of the F.I.R. and no satisfactory explanation has been given in the F.I.R.; thirdly, admittedly, the petitioner and deceased were having love affair and they belong to different caste which was not acceptable to the family members of the deceased; lastly, during investigation no evidence was collected by the Investigation Officer to connect the accused-petitioner with the alleged crime.

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Accordingly, this second bail application is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the

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(3 of 3)

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[CRLMB-39/2022]

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concerned trial Court through e-mail/fax, for necessary

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compliance.

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(INDERJEET SINGH),J

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CHETNA BEHRANI /15

Rahul S/O Prabhati v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rahul S/O Prabhati v. State of Rajasthan

Case brief

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What did the court decide?

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