Naved Khan @ Navid Khan S/O Nisar ... vs State Of Rajasthan
2021 Latest Caselaw 3193 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                8866/2021

Naved Khan @ Navid Khan S/o Nisar Khan, R/o Rangrej Mohalla
Sadar Bajar, Boli Thana Boli, District Sawaimadhopur (Raj.) (At
Present Accused Is Confined In Bundi Jail, District Bundi)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Anshul Sharma
For Respondent(s)         :     Mr. Mangal Singh Saini, PP



           HON'BLE MR. JUSTICE PANKAJ BHANDARI

                          Judgment / Order

27/07/2021

1. Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 366/2019 registered at Police Station Kotwali

Bundi, District Bundi for offence under Sections 365, 302, 201 &

34 of I.P.C.

3. It is contended by counsel for the petitioner that there is no

last seen evidence to connect the petitioner with the crime. Co-

accused-Shyama has been given benefit of bail by Co-ordinate

Bench. It is also contended that from the prosecution story it is

evident that the deceased-Abhishek Sharma was having an affair

with the co-accused Shyama and petitioner was also having an

affair with Shyama. It is further contended that Shyama and

present petitioner connived to kill Abhishek Sharma, who was a

(2 of 2) [CRLMB-8866/2021]

police constable. It is also contended that the petitioner cannot be

connected with the alleged offence.

4. Learned Public Prosecutor has opposed the second bail

application. It is contended that the body of the deceased was

recovered from the premises of Old Mahal in December, 2019. The

incident took place on around 28.08.2019. A motorcycle was also

recovered from a well near the place from where the body was

recovered. It is also contended that petitioner was in contact with

the co-accused-Shyama. Since, motorcycle has been recovered

from petitioner's instance, he is not entitled for bail.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State, I am not inclined to entertain the second bail application.

7. This second bail application is accordingly dismissed.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /11

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