DEEPAK SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These bail applications have been filed under Sec. 439 of Cr.P.C. in connection with FIR No.152/2022 registered at Police Station Nagar, District Bharatpur for the offences under Ss. 302 and 120-B of IPC.

(2.) Learned counsel for the petitioner- Deepak Saini submits that the petitioner is neither named in the FIR nor any specific allegation has been levelled against him. In the Police statements of the complainant- Bijendra Singh, Harvir (nephew of the deceased) and Badleram (father of the deceased), they have made specific allegation against Smt. Deepa and her brotherRamveer. Counsel further submits that there is no eye-witness. Even in the FIR, it has not been alleged that wife of the deceased had love relations with anyone or the petitioner. Nothing incriminating has been recovered from the petitioner. At his instance, only one mobile phone was recovered and as per seizure memo, the recovered mobile phone was without a SIM card. Counsel also submits that the petitioner is behind bars since 22/4/2022 and charge-sheet has been filed. The petitioner is 20 years of age and he has no criminal antecedents. It is further submitted that Police has recorded the statement of Archana, who is 9 years old daughter of the deceased- Jitendra. In her Police statement recorded under Sec. 161 of Cr.P.C. dtd. 24/3/2022, she has not levelled any allegation against the petitioner and her statement recorded under Sec. 161 and 164 of Cr.P.C. dtd. 20/5/2022	& 25/3/2022 respectively are contradictory with her earlier Police statement which was recorded on 24/3/2022. Therefore, looking to the facts and circumstances of the case, the petitioner may kindly be released on bail.

(3.)