Krishan Singh @ Baba vs State
2021 Latest Caselaw 5168 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 756/2021

Krishan Singh @ Baba S/o Shri Gurdayal Singh, Aged About 47 Years, By Caste Majahabi Sikh, R/o Ward No. 25, Lalgarh Jattan, Tehsil Sadul Shahar, District Sriganganagar (Raj.). (Presently Lodged In Central Jail Sriganganagar).

----Petitioner Versus State, Through P.p.

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12124/2020 Satnam Singh @ Satveer S/o Sh. Malkeet Singh, Aged About 30 Years, B/c Majhbi Sikh, R/o 4 F, Sahuwala, Ps Sadar, Sri Ganganagar (Rajasthan). (Presently Lodged At Jail, Suratgarh).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Himmat Jagga
                               Mr. Kaushal Gautam
                               Mr. Saurabh Soni
For Respondent(s)        :     Mr. Mukesh Trivedi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

23/02/2021

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.09/2020 of

Police Station Jaitsar District Sriganganagar for the offences

punishable under Sections 302, 201, 379, 120-B IPC read with

Section 4/25 of Arms Act. They have preferred these bail

applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the

allegation against the petitioners of committing murder of

deceased Malkeet Singh is absolutely false. It is submitted that

petitioner Satnam Singh @ Satveer is son of the deceased and

petitioner Krishan Singh @ Baba is his friend. It is argued that

from the perusal of the charge-sheet, it is clear that the police

have failed to collect any evidence to connect the petitioners with

the commission of crime. It is further submitted that even the

belongings of the deceased have been recovered at the instance of

co-accused Kuldeep Singh and so called weapon of committing

murder etc. have also been recovered from co-accused Kuldeep

Singh. It is submitted that the police have relied upon the

statements of Harful Singh, who alleged that the petitioner

Satnam Singh @ Satveer has confessed in front of other son of

deceased Malkeet Singh that he asked the co-accused person to

commit murder of deceased, however, son of deceased Inderjeet

Singh, in his police statements, has not stated that the petitioner

Satnam Singh @ Satveer has confessed his involvement in

commission of crime. It is further submitted that so far as

regarding the allegation levelled by one of the witness Manjeet

Kaur are concerned, the same is only hearsay and nothing else. It

is also submitted that charge-sheet has been filed and trial of the

case will take time.

Learned Public Prosecutor has opposed the bail applications.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioners under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners Krishan Singh

@ Baba S/o Shri Gurdayal Singh and Satnam Singh @ Satveer S/o

Sh. Malkeet Singh shall be released on bail in connection with FIR

No.09/2020 of Police Station Jaitsar District Sriganganagar

provided each of them executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of learned trial court for his appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J

Surabhii/15-16-

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