PRAMOD KUMAR SINGH @ TONU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this bail application under Sec. 439 of Cr.P.C.

(2.) F.I.R. No.282/2022 was registered at Police Station Kunhadi, District Kota City for offences under Ss. 302 & 201 of IPC. Later on, police filed charge- sheet for offences under Ss. 302, 201, 397, 364, 411 & 414 of IPC.

(3.) It is contended by Counsel for the petitioner that petitioner has falsely been implicated in this case. He contends that entire prosecution case is based on circumstantial evidence. He further contends that recoveries of ornaments and Aadhar Card of the deceased have been made at the instance of petitioner but no identification memo of those ornaments was prepared by the investigation agency while husband and son of deceased were examined under Sec. 161 Cr.P.C. He also submits that there was no reason for the petitioner to have kept the Aadhar Card of the deceased with him for nearly five months, which infact is useless for the petitioner. He thus, urges that the recovery of Aadhar Card and ornaments have been planted upon the petitioner. He further submits that there is no motive for the petitioner to commit the alleged crime and chain of circumstances are not clearly indicating towards guilt of the petitioner. He further submits that petitioner is in custody since 25/11/2022. Charge- sheet has been filed and trial is likely to consume time.