Citation : 2023 Latest Caselaw 1017 Raj
Judgement Date : 25 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 16388/2022
Lakhvindra Singh @ Bobby S/o Sh. Sukhjinder Singh @ Ashoka,
Aged About 19 Years, R/o Khundargati, Ps Sadar Ferozepur, Dist.
Ferozepur (Punjab) (At Present Lodged In District Jail,
Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through The Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Harshad Bhadu
For Respondent(s) : Mr. S.K.Bhati, P.P.
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
Date of pronouncement : __ /01/2023
Judgment reserved on : 20/01/2023
BY THE COURT :
1. The accused-petitioner Lakhvindra Singh @ Bobby has
preferred the instant bail application under Section 439 Cr.P.C.
who has been arrested in connection with FIR No.545/2019
registered at Police Station Sangaria, District Hanumangarh, for
the offences under Sections 394, 302 and 120B IPC.
2. It is contended by learned counsel for the petitioner that the
petitioner has not been named in the FIR. The case is based on
circumstantial evidence and there is no motive for committing the
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crime. He has been falsely implicated in the case only on the
hearsay evidence of witness Mandar Singh and he has nothing to
do with the alleged crime. Charge sheet has already been filed
before the lower court. There is no other criminal antecedents
against the petitioner. The trial of the case will take sufficiently
long time to conclude. On the above submissions, it is prayed that
the petitioner may be enlarged on bail.
3. On the contrary, learned Public Prosecutor has vehemently
opposed the bail application and submitted that there is serious
allegation of causing murder of deceased Manjeet Singh against
the petitioner and co-accused while hatching criminal conspiracy.
During investigation, witness Mandar Singh has clearly disclosed
the name of the petitioner in causing murder of the deceased
Manjeet Singh. The accused-petitioner and co-accused fled away
from their house. The statement of witness Mandar Singh is yet to
be recorded before the learned lower court. On the basis of above
submissions, learned Public Prosecutor submits that the bail
application filed by the petitioner deserves to be rejected.
4. Having regard to the overall facts and circumstances of the
case, considering the submissions advanced by the learned
counsel for the parties and looking to the nature and gravity of the
allegations levelled, without commenting on the merits and
demerits of the case, this Court is not inclined to grant indulgence
of bail to the accused-petitioner at this stage.
5. Accordingly, the bail application preferred by the petitioner is
dismissed. However, the petitioner is granted liberty to move fresh
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bail application after statement of witness Mandar Singh is
recorded by the lower court.
(YOGENDRA KUMAR PUROHIT),J 2-RP/-
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