High Court dismissed the petitioner's 4th bail application under Section 439 Cr.P.C. in a murder case involving conspiracy and evidence destruction, holding it not to be a fit case due to the gravity of the offence.
Petitioner's 4th bail application stands dismissed. Trial Court directed to decide the Criminal Case expeditiously.
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[2024:RJ-JP:9936]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 4th Bail Application No. 1560/2024
Rohitash Meena S/o Shri Ramphool Meena, Aged About 22 Years, R/o Village Ratangarh, Pala, P.s. Malakheda, District Alwar (At Present Confined In Central Jail, Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Deepak Meena For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
27/02/2024
This 4th bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.560/2021 Registered at Police Station Chomu, Jaipur (West) for the offence(s) under Sections 302 and 201 IPC (later on offence under Sections 302/149, 201/149, and 120-B IPC were found to have been made out).
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars since long. Charge-sheet has been filed against the petitioner. Learned counsel for the petitioner also submits that charges under Sections 302 in the alternative 302/149, 201 in the alternative 201/149 and 120-B IPC was framed against the petitioner on 28.04.2023. Till then, no prosecution witness was examined by the trial Court. Learned counsel for the petitioner also submits that similarly situated co-accused Sunil Kumar Meena, Jagram
[2024:RJ-JP:9936]
[CRLMB-1560/2024]
(2 of 2)
Meena, Bhupendra Sain and Babulal Meena have already been enlarged on bail by the Coordinate Bench of this Court. Nothing has been recovered from the petitioner. Case of the petitioner is similar to them. Conclusion of trial may take long time. So, petitioner be enlarged on bail.
Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner and submits that petitioner and other co-accused hatched a criminal conspiracy and committed murder of Gulab Devi. So, looking to the gravity of offence, the bail application filed by the petitioner be dismissed.
I have considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor.
Allegation against the petitioner is that petitioner and other co-accused hatched a criminal conspiracy and committed murder of Gulab Devi and they also destroyed the evidence. So, looking to the nature of allegations and gravity offence, I do not consider it a fit case to enlarge the petitioner on bail.
Hence, the 4th bail application filed by the petitioner stands dismissed.
However, the trial Court is directed to decide the Criminal Case expeditiously.
(NARENDRA SINGH DHADDHA),J
Tahir/Jatin/5
1 issue framed by the court
Whether the petitioner qualifies for bail given the gravity of the murder charges and destruction of evidence allegations.
1 provisions across 1 enactments
Rohitash Meena
State Of Rajasthan
NARENDRA SINGH DHADDHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
