Kisan vs State Of Rajasthan
2022 Latest Caselaw 3502 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2998/2022

Kisan S/o Sh. Laxman, Aged About 26 Years, R/o H.No. 347, Subhash Nagar B, P.S. Industrial Area, Dist. Pali (Raj.). (Presently Lodged In Sub Jail, Pichiyak Dist. Jodhpur).

                                                                  ----Petitioner
                                   Versus
State of Rajasthan through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. S.D. Purohit
                               Mr. R.S. Mali
For Respondent(s)        :     Mr. Arun Kumar, PP
                               Mr. Ramesh Purohit for the
                               complainant

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

07/03/2022

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.167/2021, Police Station Industrial Area,

District Pali, registered for the offence punishable under Sections

341, 302, 148, 149 and 120-B of the Indian Penal Code.

Heard and considered the arguments advanced by learned

counsel for the petitioner, learned Public Prosecutor and learned

counsel appearing on behalf of the complainant. Perused the

material available on record.

Learned counsel for the petitioner stated that there is no

evidence against the petitioner; specific allegation has been made

against co-accused Iqbal; incident took place on 24.09.2021 and

(2 of 3) [CRLMB-2998/2022]

deceased died on 31.10.2021; statement of the deceased has

been recorded before his death and the same is available at page

No.289 of the charge-sheet; the statement of the deceased has

been recorded after two days of the incident, i.e., on 26.09.2021;

name of the petitioner is neither mentioned in the statement of

the deceased nor in the statement of his sons, i.e., Sikander and

Nazeer recorded on 25.09.2021; petitioner is behind the bars

since 01.10.2021; no identification parade has been conducted by

the concerned Investigating Officer; no weapon has been

recovered from the petitioner; petitioner has been charge-sheeted

in this case only on the basis of information given by him about

verification of the spot; spot of the incident was already in the

knowledge of the Investigating Officer; statements of the nephews

of the deceased have been recorded on 08.10.2021 and

15.10.2021 respectively; charge-sheet has been filed; and trial

will take time. In support of his contentions, learned counsel has

referred to and relied upon the judgment passed by this Court in

the case of Ishwar Singh Vs. State of Rajasthan reported in 2021

(2) Cr.L.R. (Raj.) 685. With these submissions, learned counsel for

the petitioner prayed that the benefit of bail may be granted to

the petitioner.

Per contra, learned Public Prosecutor has opposed the bail

application of the accused-petitioner and stated that Anwar Khan,

Habib and Firoz Khan have stated during the statements that

injuries have been caused by the accused-petitioner to the

deceased.

Having regard to the facts and circumstances of the case,

particularly looking to the facts that the accused-petitioner was

(3 of 3) [CRLMB-2998/2022]

not present at the place of incident on 24.09.2021; accused-

petitioner was not named in the FIR as well as in the statements

of the deceased and his sons, Sikander and Nazeer; no weapon

was recovered from the accused-petitioner; charge-sheet has

been filed; and trial will take sufficiently long time, therefore,

without expressing any opinion on the merits/demerits of the

case, this Court is of the opinion that the bail application filed by

the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the petitioner, Kisan S/o Sh. Laxman, arrested in

connection with F.I.R. No.167/2021, Police Station Industrial

Area, District Pali, shall be released on bail, if not wanted in any

other case; provided he furnishes a personal bond of

Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-

each to the satisfaction of the learned trial court with the

stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.

(DEVENDRA KACHHAWAHA),J 40-Rashi/-

Powered by TCPDF (www.tcpdf.org)