Vikas @ Vicky S/O Jagdish vs State Of Rajasthan
2022 Latest Caselaw 3349 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                               11507/2021

Vikas @ Vicky S/o Jagdish, Aged About 29 Years, R/o Bagot Ps
Kanina Dist. Mahendragarh Hariyana At Present In Confined At
Central Jail Sawaimadhopur
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Suresh Kumar sahni Mr. Manender Singh For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

27/04/2022

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.163/2019 was registered at Police Station Khandar,

Sawai Madhopur for offence under Sections 397, 302 & 34 I.P.C.

and under Sections 3/25 of Arms Act.

3. It is contended by counsel for the petitioner that from the

statement of witnesses recorded so far, there is no substantive

evidence to establish that petitioner was driving the vehicle on

which co-accused Ravi was sitting. It is also contended that as per

the evidence available on record, it is Ravi who fired at the

deceased and from whom cash was recovered.

4. Counsel for the petitioner has placed reliance on "Kanan

(2 of 2) [CRLMB-11507/2021]

and Others Vs. State of Kerala" (1979) 3 Supreme Court Cases

319 and "Noorahammad and Others Vs. State of Karnataka"

(2016) 3 Supreme Court Cases 325.

5. Learned Public Prosecutor has opposed the second bail

application. It is contended that the first bail application was

rejected by this Court on merits. There is no change in

circumstance necessitating entertaining the second bail

application.

6. I have considered the contentions.

7. Present is a case where a person was murdered and his cash

was looted. Petitioner was arrested on the same day and from him

a country made pistol, live round found from the chamber of the

pistol and from the magazine, two live cartridges were recovered.

Petitioner was apprehended when he was trying to flee from the

police. It is also evident from the record that he opened fire at the

police party and the shell was recovered from the petitioner. This

Court at this stage is not entering into the question of substantive

evidence and as it is evident from the record that petitioner's

involvement in the offence is writ large. Hence, I am not inclined

to entertain the second bail application.

8. This second bail application is, accordingly, dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /10

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