Ratan Lal vs State Of Rajasthan
2021 Latest Caselaw 8901 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4599/2021

Ratan Lal S/o Babu Lal Balai (Salvi), Aged About 33 Years, R/o House No. 133, Sector No. 4, Gandhi Nagar, Chittorgarh At Present Nagar Palika Colony, Chittorgarh. (Presently Lodged At District Jail Chittorgarh)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Manish Kumar Pitaliya For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

06/04/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

FIR No.137/2020, Police Station Kotwali, District Chittorgarh for

offence under Section 302/34 of the IPC.

Heard learned counsel for the petitioner, learned Public

Prosecutor and perused the challan papers.

The case involves murder of one Kamlesh. The FIR came to

be lodged by Shri Ganpatlal Ojha, father of Kamlesh on

25.02.2020 alleging that his son was assaulted at Mokshdham

Choraha by Damodar @ Kana and Ratan and he was stabbed

during the incident. The bystanders took the victim to the hospital

where he was declared dead. The IO recorded statements of

numerous persons during investigation but no one claimed to be

the eyewitness of the incident. The petitioner and the co-accused

(2 of 2) [CRLMB-4599/2021]

Damodar were arrested. Information under Section 27 of the

Evidence Act regarding concealment of the knife used in the

murder of Kamlesh was recorded by the IO at the instance of the

accused Damodar. However, knife was shown recovered at the

instance of both the accused i.e. Damodar and the petitioner. In

addition thereto, the IO claims to have recovered the blood

stained clothes of the accused petitioner. However, till date, the

FSL report has not been received. Manifestly, thus, the recovery of

knife cannot be attributed to the petitioner.

In this background and having regard to the overall facts and

circumstances of the case as available on record, this Court is

inclined to extend indulgence of bail to the accused petitioner.

Accordingly, the bail application is allowed and it is directed that

the accused-petitioner Ratan Lal S/o Shri Babu Lal Balai (Salvi)

arrested in connection with the F.I.R. No.137/2020 registered at

Police Station Kotwali, District Chittorgarh shall be released on bail

provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- each to the satisfaction of the learned

trial court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.

(SANDEEP MEHTA),J 39-Sudhir Asopa/-

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