Nathuram vs State Of Rajasthan
2021 Latest Caselaw 6353 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 2835/2021

Nathuram S/o Shri Sukharam, Aged About 42 Years, By Caste Meghwal, R/o Aajwa, Police Thana Deedwana, District Nagaur. (At Present Lodged In Sub Jail Deedwana, District Nagaur).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan
                                                                ----Respondent


For Petitioner(s)        :     Mr. M.L. Bishnoi
For Respondent(s)        :     Mr. Shrawan Bishnoi, P.P.



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

03/03/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No.58/2019 of Police

Station Deedwana, District Nagaur for the offences punishable

under Sections 341, 323, 365, 302 read with Section 149 IPC. He

has preferred this second bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of committing murder of Sitaram

is absolutely false. It is argued that the allegation against

co-accused Lal Chand is of similar in nature, however, he has

already been enlarged on bail by this court vide order dated

(2 of 2) [CRLMB-2835/2021]

29.07.2019. It is, therefore, submitted that the petitioner is also

entitled to be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail

application and submitted that after order of releasing co-accused

Lal Chand on bail, the first bail application of the petitioner was

dismissed by this Court on 05.08.2019. It is further submitted that

the eye witnesses of the incident viz. Ashi Devi (PW-2), Shivraj

(PW-3) and Navratna (PW-4), in their court statements, have

specifically stated that the petitioner along with three other co-

accused persons assaulted Sitaram, which resulted into his death.

It is submitted that in view of the specific allegation levelled by

the eye witnesses in their court statement against the petitioner,

he is not entitled to be enlarged on bail.

Having regard to the totality of the facts and circumstances

of the case and 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, this second bail application preferred by the

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

(VIJAY BISHNOI),J

Abhishek Kumar S.No.47

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