Sunil Kumar vs State
2021 Latest Caselaw 5320 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10064/2020

Sunil Kumar S/o Sh. Rohtash, Aged About 21 Years, R/o Dhani Mauji, Tehsil Rajgarh, District Churu, Rajasthan. (Presently Lodged In Sub Jail, Rajgarh, District Churu).

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


For Petitioner(s)           :     Mr. Vikas Bijarnia
For Respondent(s)           :     Mr. AR Choudhary, PP
For Complainant(s)          :     Mr. Rakesh Matoria



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                            Judgment / Order

24/02/2021

Heard the learned counsel for the parties and perused the

material available on record.

The petitioner has been arrested in FIR No. 61/2020 of Police

Station Hamirwas, District Churu for the offences punishable

under Sections 302, 364, 201, 147, 148, 149, 120-B IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation against the petitioner regarding involvement in

commission of murder of deceased Naresh is false. It is submitted

that the petitioner was not present at the time of incident and as a

matter of fact, he was in agriculture field along with his relatives

and harvesting the crops. It is also submitted that some of the

witnesses, in their police statements, have stated the said fact. It

(2 of 2) [CRLMB-10064/2020]

is submitted that as per the charge-sheet, the police have

recovered a blood stained lathi at the instance of the petitioner

but the blood found on the same was of which group has not been

mentioned in the FSL report and, therefore, it cannot be said that

the blood on the lathi was of the deceased. It is further submitted

that charge-sheet has already been filed and trial against the

petitioner will take time, therefore, he may be enlarged on bail.

Per contra, learned Public Prosecutor as well as learned

counsel for the complainant have vehemently opposed the bail

application and submitted that from the evidence collected by the

police while filing the charge-sheet, it is clear that the petitioner

was involved in commission of murder of deceased- Naresh.

Having regard to the totality of the facts and circumstances

of the case and after going through the charge-sheet, looking to

the nature of accusation and gravity of the offence, without

expressing any opinion on the merits of the case, I am not inclined

to grant bail under Section 439 Cr.P.C. to the petitioner.

Accordingly, the bail application preferred by the petitioner

under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Surabhii/4-

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