MOHAN YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S.B. Criminal Miscellaneous 3rd Bail Application No. 3969/2022: Lawyers are abstaining from making appearance before this Court.

(2.) The instant bail application has been filed under Sec. 439 Cr.P.C. against the order impugned passed by concerned court below for the offences under Ss. 147, 302, 364A and 149 IPC in FIR No. 49/2021 registered at Police Station Jhotwara, Jaipur West.

(3.) Ms. Suman Yadav, sister of the petitioner Mohan Yadav is present in person before this Court and submits that her brother has nothing to do with the alleged offence and he has been booked in the matter on the basis of confessional statement only. Nothing incriminating has been recovered from his instance. The star witness Sub-Inspector Sandeep Yadav, who has been examined as PW-16 in trial, had occasion to talk with the deceased regarding the condition in which he brought. He reached at the crime scene after the incident of beating had happened and the victim was being taken to other place in a car by the accused persons. When he asked the victim as to who gave beating to him, the victim did not name the petitioner Mohan Yadav. Another witness Salagram who has been examined in trial as PW-13 does not mention name of the petitioner as the assailant who was giving beating to the deceased. She, thus, submits that there is no other evidence against the accused which connect him with the alleged offence and he is behind the bars since long, therefore, concession of bail be granted in favor of the petitioner.