A bail application was filed under Section 439 Cr.P.C. for an accused charged with murder and related offences. The court examined the challan papers and call details showing active participation. The application was dismissed.
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[2023:RJ-JD:26923]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1178/2023
Subhash S/o Shri Gopi Ram, Aged About 25 Years, R/o Nantda Police Station Kolayat Distt. Bikaner (Raj.) (Presently Lodged At Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.Pradeep Kumar Shah, Adv. with Mr.Kaushal Gautam, Adv. For Respondent(s) : Mr.Vikram Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/08/2023
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.293/2020 Police Station Nayashahar, Distt. Bikaner for the offence under Sections 307, 302, 34, 212 & 120-B of IPC.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The allegation of inflicting injury is against accused Bal Kishan @ Bala. It is also contended that during investigation, a pen-drive was recovered by the police, in which also, two accused were identified; one is Shiv Shankar and another accused is Bal Kishan @ Bala. The present petitioner has nothing to do with the alleged crime. Challan of the case has already been presented and no investigation is pending. The petitioner is inside jail and the trial of the case will take sufficient
[2023:RJ-JD:26923]
[CRLMB-1178/2023]
(2 of 2)
long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
It is evident from the challan-papers that the petitioner was doing recce in the alleged incident and call details were also available between the petitioner as well as other co-accused, which shows that the petitioner was also actively participated in the said incident. In these circumstances, this Court is not inclined to release the petitioner on bail at this stage.
Accordingly, the criminal misc. bail application is dismissed at this stage.
(MANOJ KUMAR GARG),J
613-NK/-
3 issues framed by the court
Whether the petitioner, charged with murder and culpable homicide, should be released on bail given evidence of active participation and mobile call details.
Whether the benefit of bail can be granted to the accused-petitioner at this stage of the trial.
Whether the alleged crime and investigation findings negate the claim of false implication against the petitioner.
1 provisions across 1 enactments
Subhash S/o Shri Gopi Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
