Dismissed

Shane Aalam @ Shanu S/O Yunush v. State of Rajasthan

Rajasthan HC21 Sept 2022CRLMB/3948/2022

Case brief

AI extract

What is this about?

The High Court at Jaipur disposed of a bail application filed under Section 439 Cr.P.C. in a murder case. The appellant, a 27-year-old, argued for bail citing circumstantial evidence and the delay in trial. The court declined bail, considering the gravity of the offence under IPC Section 302 and opposing counsel's submissions regarding recovery of specific items.

What did the court decide?

Bail application under Section 439 Cr.P.C. is dismissed.

Shane Aalam @ Shanu S/O Yunush Vs State of… — 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 Bail Application No. 3948/2022

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Shane Aalam @ Shanu S/o Yunush, Aged About 27 Years, R/o Village Karula, Police Station Katghar, District Muradabad, Uttarpradesh. ( At Present In Central Jail Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Sanjay Gangwar, Adv. For Respondent(s) : Mr. S. S. Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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21/09/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 181/2021 registered at Police Station Dargah District Ajmer for the offence(s) under Sections 302 and 201 of IPC.

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Learned counsel for the accused-applicant submits that accused-applicant is a young man of 27 years. The case is of circumstantial evidence. There is no eye witness and there is no last seen theory. There is no recovery made out from the accused-applicant and he is behind bars since 12.12.2021. Learned counsel further submits that charge-sheet has been filed, conclusion of trial is likely to take long time and no useful purpose would be served by keeping accused-applicant behind bars till disposal of the case.

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(2 of 2)

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[CRLMB-3948/2022]

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Per contra , learned Public Prosecutor has vehemently opposed the bail application. He has submitted that offence is made out under Section 302 of the IPC. Allegation levelled against the accusedapplicant is of killing younger brother of the complainant. The deceased was intoxicated, his head was crushed with stone and thereafter he was strangulated. Learned Public Prosecutor has also relied upon the statements of PW3, wherein, it is stated that there is alleged recovery of Pan Card, Aadhar Card and mobile.

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Considering the arguments advanced by the counsel for the parties and considering the fact that matter is pertaining to offence under Section 302 of IPC and on perusal of the case diary and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to allow the bail application of the accusedapplicant, at this stage.

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Accordingly, the bail application under Section 439 Cr.P.C. is dismissed.

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(SAMEER JAIN),J

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Pooja /5

Shane Aalam @ Shanu S/O Yunush v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shane Aalam @ Shanu S/O Yunush v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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