Dismissed

Kishore Kumar v. State of Rajasthan

Rajasthan HC11 Jul 2024CRLMB/4435/2024

Case brief

AI extract

What is this about?

The High Court of Judicature for Rajasthan at Jodhpur dismissed the second bail application filed by the accused in an FIR involving dacoity and murder. The Court found a prima facie case established by the recovery of stolen ornaments and mobile phone from the accused's possession and a shoe mould match, holding no new circumstances emerged to justify bail post the dismissal of the first applicat

What the court decided

AI extract

Kishore Kumar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:28298]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4435/2024

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Kishore Kumar S/o Javari Lal, Aged About 32 Years, Ro Balunda, P.s. Anandpur Kalu, Dist. Pali. (At Present Lodged In Sub Jail, Jaitaran).

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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. R.S. Choudhary
For Respondent(s)	: Mr. Shrawan Bishnoi,PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Judgment / Order

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11/07/2024

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The petitioner has been arrested in connection with FIR No. 30/2022 registered at Police Station, Anandpur Kalu, District Pali for the offence punishable under Sections 397, 460, 302/34, 120B IPC.

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This is the second bail application. The first bail application was dismissed on merits on 07.11.2023.

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Counsel for the petitioner submits that alleged ornaments of deceased including one Kanthi was recovered from the possession of petitioner, however, no identification of said Kanthi was made, therefore, it cannot be said that the Kanthi belonged to the deceased. Similarly, some currency notes and a motorcycle was recovered from the possession of petitioner which do not connect the petitioner with the crime. The alleged shoe mould taken from the site also does not connect the petitioner with the crime inasmuch as the witnesses have mentioned that around 150-200

[2024:RJ-JD:28298]

[CRLMB-4435/2024]

(2 of 2)

people had gathered at the site, therefore, it cannot be said that the mould taken by the police belonged to the shoe of petitioner. Moreover, according to statement of PW/13 Yashpal Singh, the mould of slipper was taken by the police, therefore, it is doubtful whether the mould was taken by the police of shoe or slipper. It is submitted that the petitioner is behind the bars since long time and trial of the case is likely to take time, therefore, the petitioner may be enlarged on bail.

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Per contra, learned Public Prosecutor opposed the bail application and submits that all the circumstantial evidence including the mould report so also recovery of ornament Kant hi and mobile phone of deceased from the possession of petitioner duly connects the petitioner with the crime and therefore, petitioner is not entitled to be enlarged on bail.

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I have considered the arguments advanced before me and carefully gone through the record.

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It is not disputed that gold ornament Kanthi so also mobile phone of deceased has been recovered from the possession of petitioner. The shoe mould taken from the place of occurrence also matched with the shoes of petitioner, therefore, prima facie case is clearly made out against the petitioner. In the opinion of this Court, after rejection of first bail application, no new circumstance emerges so as to grant the benefit of bail to the petitioner. Accordingly, the bail application is hereby rejected. However, the trial court is directed to expedite the trial.

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(MANOJ KUMAR GARG),J

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118-BJSH/-

Kishore Kumar v. State of Rajasthan

Case brief

What is this about?

What the court decided

Kishore Kumar v. State of Rajasthan

Case brief

What is this about?

What the court decided

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