SAHIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These applications for bail under Sec. 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.552/2022 registered at Police Station City Kotwali, District Bhilwara, for offences under Ss. 302, 307, 120B IPC and Ss. 9/25, 5/25, 5/29, 3/25 and 4/25 of the Arms Act.

(2.) Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioners submitted that from the perusal of the FIR, it is evident that the allegation of shooting fire arm upon the deceased has been levelled against the co-accused Mayank Tapariya, Raghuveer @ Kalu and Kishore @ Sambha. Learned counsel further submitted that though there is an allegation of aiding the co-accused in getting/providing the fire arm, has been levelled against the petitioners but there is no plausible evidence available with the prosecution to show active involvement of the petitioners in the present case. Learned counsel for the petitioners submitted that in order to show involvement of the petitioners in the commission of crime, the prosecution is required to establish the chain of incriminating circumstances so as to link the present petitioners with the alleged crime. Learned counsel for the petitioners vehemently submitted that the petitioners were unaware of the intention carried by the main accused Mayank Tapariya, Raghuveer @ Kalu and Kishore @ Sambha, of committing murder of the deceased.