RAJARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 107/2020, Police Station Khuiyan, District Hanumangarh, registered for the offences under Sec. 302, 201 and 364 of the Indian Penal Code.

(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor.

(3.) Learned counsel for the petitioner submits that the incident has taken place on 7/9/2020. Missing person report bearing No. 05/2020 was registered on 14/9/2020. F.I.R. was registered on 25/9/2020. As per the prosecution, the petitioner and his father consumed liquor. In interim report, name of accused petitioner as well as Kuldeep Meghwal was mentioned; but charge-sheet was filed only against the accused petitioner. Signature of the witness was not obtained by Investigating Officer on site plan. As per prosecution, CCTV footage is only available but the same is not available on record. As per the statement recorded under Sec. 161 Cr.P.C. of complainant Subhash, accused-petitioner Raja Ram (brother-in-law of Chagganlal) and Suman (sister of Kuldeep) is married to accused-petitioner and were relatives.