SANJAY KUMAR Vs. STATE OF RAJASTHAN & ANOTHER

JUDGEMENT

(1.) This application has been filed for cancelling the bail granted by this court to accused Rajesh vide order dated 14-6-2011 in FIR No.33/2011, registered at Police Station Bagar, district Jhunjhunu.

(2.) The contentions of the petitioner are two fold. Counsel for the petitioner first submits that on 14-6-2011, the bail granted to accused Rajesh is erroneous, inasmuch as the statements of mother and sister of the deceased, as also of the complainant have been overlooked. It has been submitted that the accused had threatened the deceased with her life which fact has been testified to by the witnesses in their statements under section 161 Crimial P.C., and these statements were overlooked. The contention of petitioner is without substance inasmuch as even though the FIR was register ed under section 302 IPC, yet challan has been filed for the offence under section 306 IPC. Consequent to police investigation as on the date of the bail complicity of accused in the murder of deceased and two others was without any substance. Prayer to seek cancellation of bail on merit is thus baselss.

(3.) The alternative argument of counsel for the petitioner is that witnesses for the prosecution are being threatened by the accused. Allegations of such nature are in routine, an d admittedly no FIR has been filed by the complainant party in this regard. Counsel submits that a registered letter on the issue has been sent to Superintendent of Police Jhunjhunu. This is of no consequence. In the event the complainant party was indeed threatened and are being prevented from going into the witness-box, they ought to have filed a formal FIR against the accused. Thereupon proper investigation could have been conducted to determine as to whether the allegation of interfering/ tampering with the witnesses of complainant party was of any worth. No FIR in this regard has been filed. The ipse dixit of the complainant party is of no ground for the cancellation of bail. This court requires substantive material to take note of allegations of tampering with evidence or threatening of the witnesses to cancel a bail granted.