ABHIMANYU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.162/2020 registered at Police Station, Jaitaran, District Pali for the offences under Ss. 364, 302, 201, 147, 148 and 149 IPC. He has preferred this third bail application under Sec. 439 Cr.P.C.

(2.) The first Bail Application, being S.B. Criminal Miscellaneous Bail Application No.14182/2020, preferred on behalf of the present petitioner was dismissed as not pressed vide order dtd. 8/12/2020, with the liberty to file a fresh bail application after a change in circumstances; while the second Bail Application preferred on behalf of the present petitioner, being S.B. Criminal Miscellaneous Second Bail Application No. 4268/2022 was disposed of by this Court on 27/4/2022, with the liberty to the petitioner to approach this Court, after the expeditious deposition of the three eye-witnesses i.e. Duda Ram, Om Prakash and Naval Singh, before the learned Court below.

(3.) Brief facts of the case as placed before this Court by Mr.Dhirendra Singh, learned Senior Counsel assisted by Mr.Jagdish Singh, appearing on behalf of the petitioner, are that complainant- Manohar Singh lodged an F.I.R. bearing no. 0162/2020 at P.S. Jaitaran, Dist. Pali for the offences under Ss. 364, 302, 201, 147, 148 and 149 IPC against five persons, namely Gopal Singh, Jitendra Singh, Tilokchand, Nema Ram and the present petitioner- Abhimanyu Singh. It was alleged therein that the complainant's brother Kan Singh, was working at Dharamkanta, and that on 10/5/2020, the accused arrived at the spot in a jeep with lathis, sharp edged weapons and guns and brutally assaulted the victim- Kan Singh, who subsequently succumbed to his injuries and passed away. And that, with the intention to cover up the crime, the deceased victim's body was tossed into the Nimbol river. It was also averred therein that Duda Ram and Om Prakash informed the complainant of the said incident; upon which he went to the spot and was threatened by the accused and other persons; in the meantime, one Naval Singh also arrived at the spot.