BHARAT VAISHNAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second bail application under Section 439 CrPC has been preferred by the petitioner Bharat Vaishnav S/o Nawaldas, who is in custody in connection with the F.I.R. No.119/2020 registered at the Police Station Falna, District Pali for the offences under Sections 143, 302/34 and 120-B IPC.

(2.) Heard learned counsel for the parties and perused the material available on record.

(3.) Briefly stated, facts of the case are that one Kan singh was murdered by firing gunshots at him while he and his friend Pradeep Singh were having tea at Shivam Tea Stall, Near Khalsa Petrol Pump, Sanderao Road on 20.08.2020 at about 11.30 a.m. It is alleged that two unknown persons came around on a motorcycle and both started firing guns indiscriminately towards Kan Singh. They also fired on the shutter of the shop. Kan Singh fell down at the spot and expired as a result of the firearem injuries. The incident was witnessed by Pradeep Singh, Vijendra Singh, Abid and the hotel owner Pratap Singh. Madan Singh, lodged an FIR regarding the murder at the Police Station Falna on the very same day at about 5.00 pm., wherein he expressed a suspicion that the assailants had conspired together with some other persons to murder his brother. It was also alleged in the typed report that there was a strong suspicion regarding involvement of Bharat Vaishnav and his wife Rinku, Ankita (resident of Abu Road) and Narendra Singh Rajpurohit for the murder. After registration of the FIR, investigation was undertaken.