Ramcharan S/O Nathuram vs State Of Rajasthan
2021 Latest Caselaw 786 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

 S.B. Criminal Miscellaneous 2nd Bail Application No. 10478/2020

Ramcharan S/o Nathuram, Aged About 28 Years, R/o Sarmanda
Ki Dhani Mahariyon Ka Bas Tan Pachar Ps Kalwar Dist. Jaipur City
Raj. (At Present Confined In Sub Jail Sambhar Jaipur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s) : Mr. Anil Kumar Upman For Respondent(s) : Mr. S.S. Ola, PP

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

27/01/2021

Heard counsel for the parties.

Counsel for the petitioner submits that the petitioner has

been falsely implicated in this matter. Counsel further submits that

merely on the basis of last seen the petitioner cannot be held

guilty.

In support of his contention, counsel relied upon the

judgment passed by the Hon'ble Supreme Court in the matter of

Rambraksh @ Jalim Vs. State of Chattisgarh reported in

(2016) 12 SCC 251.

Learned Public Prosecutor has opposed the bail application

and submitted that according to statements of PW-8, PW-9 and

PW-10 the petitioner has taken the deceased along with him on

his motor cycle and thereafter, the deceased was found dead and

according to statement of PW-15, the weapon of offence i.e. knife

(2 of 2) [CRLMB-10478/2020]

has also been recovered on the information of petitioner. Counsel

further submits that trial is about to complete.

In the facts and circumstances of the present case and

looking to the seriousness of the offence(s) alleged against the

petitioner, without expressing any opinion on the merits of the

case, no case is made out to release the petitioner on bail under

Section 439 Cr.P.C.

Hence, this second bail application stands dismissed.

(INDERJEET SINGH),J

CHETNA BEHRANI /1

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