Chanda Nath @ Chand Nath @ Chandiya vs State Of Rajasthan
2022 Latest Caselaw 9465 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IIIrd Bail Application No. 17350/2021

Chanda Nath @ Chand Nath @ Chandiya S/o Rana Nath, Aged About 27 Years, B/c Jogi, R/o Ramnagar Barmer, Tehsil And District Barmer. (At Present Lodged In District Jail, Barmer)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. RJ Punia For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

20/07/2022 Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.77/2016 of Police

Station Baytu, District Barmer for the offences punishable under

Sections 302, 201 & 120B IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. It is argued that

as per the prosecution story, no one had seen the petitioner

committing the crime. It is submitted that the murder of the

deceased was committed 11.09.2016 and the petitioner was

arrested on 17.09.2016. On 23.09.2016, statements of one Bhura

Ram were recorded by the police, wherein for the first time, he

has stated that he saw the petitioner along with the other

[CRLMB-17350/2021]

persons Bhabhuta Ram and Bhikha Ram in the night of the day of

the incident. Learned counsel for the petitioner has submitted that

now the statements of witness Bhura Ram (PW/9) were recorded

before the trial court, wherein he has clearly stated that he had

named the petitioner on asking by the police. Learned counsel for

the petitioner has further submitted that a blood stained lathi and

blood strained shirt of the petitioner have been recovered at his

instance, which contain blood group of the deceased. Learned

counsel for the petitioner has submitted that the said recovery is

also doubtful as in the said recovery, two constables of the very

same police station, where the incident took place, are witnesses.

Learned counsel for the petitioner has submitted that two

witnesses namely Pawan Kumar PW/2 and Kesra Ram PW/3 have

admitted in their court statements that the investigating officer did

not attempted to call the independent witnesses while preparing

recovery memo etc. Learned counsel for the petitioner has

submitted that it is a case of purely circumstantial evidence,

however, the circumstantial evidence against the petitioner is

weak and vague.

Learned counsel for the petitioner has therefore, further

submitted that petitioner is in custody since 17.09.2016 and out of

39 prosecution witnesses, only 9 have been examined so far. It is

argued that there is no likelyhood that trial will be concluded in

near future. It is also submitted that the other co-accused persons

namely Bhikha Ram, Dama Ram and Mana Ram have already

been enlarged on bail, therefore, the petitioner may also be

enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

[CRLMB-17350/2021]

Having regard to the totality of the facts and circumstances

of the case particularly the fact that statements of only of

prosecution witnesses have been recorded so far, without

expressing any opinion on the merits of the case, I deem it just

and proper to grant bail to the accused petitioner under Section

439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Chanda Nath @

Chand Nath @ Chandiya S/o Rana Nath shall be released on bail in

connection with FIR No.77/2016 of Police Station Baytu, District

Barmer provided he executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of learned trial court for his appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J 249-mohit/-

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