Dismissed

Chandan Kumar Maldar S/O Shri Baijnath v. State of Rajasthan

Rajasthan HC5 Dec 2024CRLMB/11325/2024

Case brief

AI extract

What is this about?

High Court of Rajasthan dismissed a bail application filed under Section 483 B.N.S.S. for an accused charged with murder (IPC 302). The court found the DNA profile of the accused matched blood stains found on recovered items and at the crime scene, making it undesirable to enlarge him on bail.

What did the court decide?

Criminal miscellaneous bail application of the accused-petitioner has been dismissed.

Chandan Kumar Maldar S/O Shri Baijnath Vs… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:50090]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11325/2024

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Chandan Kumar Maldar S/o Shri Baijnath, Aged About 28 Years, R/o Surjapur, Police Station Rowta, District Purnia Bihar. At Present Tenant Uday Singh, Plot No. 18 Ganesh Colony, Rampura Road, Police Station Muhana Mandi, District Jaipur. (Presently Confined In Central Jail Jaipur).

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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. Aman Pareek for Mr. Rajat Ranjan For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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05/12/2024

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The instant bail application has been filed under Section 483 B.N.S.S. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.121/2024 registered at Police Station Muhana, District Jaipur City (South) for the offence(s) under Section 302 of IPC.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that no call details were obtained indicating the fact that the accused-petitioner was in contact or relationship with the deceased wife- Neelam. It is also contended that the entire case rests upon the circumstantial evidence. The circumstantial evidence of last seen is lacking and the other evidence collected by

[2024:RJ-JP:50090]

[CRLMB-11325/2024]

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the police is not sufficient to indicate that the accused-petitioner has caused murder of the deceased. It is also contended that FSL was delayed and vide letter dated 04.03.2024, 2 samples of deceased blood was sent to the FSL for DNA analysis and the seal of the samples were found to be broken. It is also contended that it is shown in the arrest memo of the accused-petitioner that he sustained injuries at his fingers, but the accused-petitioner was not subjected to any medical examination. At the instance of the accused-petitioner, some blood clothes allegedly of the deceased were recovered but in the DNA report blood could not be detected. Therefore, the prosecution has failed to point out that the accused-petitioner was involved in causing death of deceased. The accused-petitioner is in custody since long and trial/investigation of the case may take considerable time, therefore, considering the above facts, the bail application of the accused-petitioner may be allowed.

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Learned Public Prosecutor vehemently opposes the bail application and contended that the accused-petitioner was in relationship with the deceased wife- Neelam. The prosecution collected the call details which shows that prior to the murder of the deceased, the accused-petitioner and the deceased wife Neelam were in regular contact. It is also contended that at the place of occurrence, blood stains, 2 stone pieces, jeans & pants of the deceased were recovered and the same were sent to the Forensic Science Laboratory for matching the blood of the accused-petitioner and in the DNA report it was found that blood and DNA profile obtained from 2 stone pieces, jeans & pants of the deceased

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[2024:RJ-JP:50090]

[CRLMB-11325/2024]

are matching with the DNA profile (blood samples of the accusedpetitioner FTA card). It is also contended that in the arrest memo, it is clearly mentioned that the accused-petitioner also sustained injuries at his fingers and the blood stains of the accused-petitioner got matched with the blood stains found at place of occurrence, at stone pieces and on the clothes of the deceased, therefore, considering the above circumstances, the bail application of the accused-petitioner deserves to be dismissed.

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Heard and perused material available on record.

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It is not desirable to express anything on the merits of the case. Considering the above fact that DNA profile of the accusedpetitioner matched with the DNA profile of the blood stained articles recovered from the place of occurrence, I am not inclined to enlarged the accused-petitioner on bail.

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Hence, the criminal misc. bail application of the accused-petitioner is hereby dismissed.

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(PRAVEER BHATNAGAR),J

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Keshav/21

Chandan Kumar Maldar S/O Shri Baijnath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chandan Kumar Maldar S/O Shri Baijnath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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