High Court of Rajasthan rejected bail application of petitioner arrested for Section 306 IPC abetment of suicide, holding it unfit due to pending FSL report and complaint statements without adjudicating merits.
Bail application rejected; Trial Court directed to record complaint statement on priority.
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[2023/RJJD/010693]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2445/2023
Moti Lal S/o Shri Laxman, Aged About 22 Years, R/o Beda Baluwa Fala Batori, Tehsil Sarada, District Udaipur, Rajasthan. (Presently Lodged In Sub Jail, Salumbar)
----Petitioner
Versus
State Of Rajasthan
----Respondent
| For Petitioner(s) | : Mr. Shambhoo Singh |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
18/04/2023
The petitioner has been arrested in connection with FIR 202/2022 of Police Station Sarada, District Udaipur for the offence punishable under Section 306 of the IPC.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that the petitioner and the deceased were going to be engaged, however, due to some reasons, the engagement could not be done. There is no material available on record to establish that the petitioner has abetted the suicide of the deceased. Charge-sheet in the matter has been filed. Petitioner is behind the bars since long and the conclusion of the trial will take time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner and submitted that statements of complainant Suresh have not been recorded as yet and FSL
[2023/RJJD/010693]
[CRLMB-2445/2023]
(2 of 2)
Report is also awaited in the matter. Therefore, it is prayed that present bail application may kindly be rejected.
Heard learned counsel for the parties and perused the material available on record.
Having regard to the facts and circumstances of the case and in view of the fact that the statements of complainant Suresh yet to have been recorded and the FSL Report is also awaited, without commenting on merits & demerits of the case, this Court does not find it to be a fit case for grant of bail to the accused petitioner, at this stage.
Consequently, the present bail application is rejected.
Learned Trial Court is directed to record the statements of complainant-Suresh on priority basis.
(MADAN GOPAL VYAS),J
32-neha/-
2 issues framed by the court
Whether the petitioner is a fit case for bail at this stage when FSL report and complaint statements are pending.
Whether to reject the bail application and direct recording of statement.
Moti Lal S/o Shri Laxman
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
