RAKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.143/2021 registered at Police Station JNV Colony, Bikaner, for offences under Ss. 302, 364, 201 and 120B IPC. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioner submitted that initially on 31/3/2021, complainant submitted a written report before the S.H.O. P.S. JNV Colony, Bikaner stating therein that his son Birbal Nath is missing. During the course of investigation, the Police recovered dead body of deceased Birbal Nath. The Police after investigation, filed a charge-sheet against Pawan Kumar, Rakesh Kumar (present petitioner) and Sonu Devi. As per the charge-sheet, the wife of the deceased Sonu Devi had illicit relations with co-accused Pawan Kumar and due to aforesaid reason, her relations with her husband Birbal Nath got strained. The present petitioner alongwith Pawan Kumar and Sonu Devi murdered Birbal Nath by hitting him on his temporal region with an iron pipe due to which, he succumbed to injuries. As per prosecution, present petitioner thereafter helped the co-accused in throwing the body of the deceased in a dried well. Learned counsel for the petitioner vehemently submitted that the petitioner has been implicated in the present case solely on the basis of the disclosure statement of co-accused Sonu Devi without there being any direct or corroborative evidence. Learned counsel submitted that as per prosecution, the petitioner in his information under Sec. 27 of the Evidence Act, furnished information with regard to the iron pipe used by him alongwith other co-accused in committing murder of the deceased Birbal Nath. The petitioner in his statement under Sec. 27 of the Evidence Act also verified the place of incident. Learned counsel further submitted that no blood stains were found on the iron pipe said to be recovered at the instance of petitioner. Further, it was submitted that prior to the arrest of the petitioner, the place of incident was already verified at the instance of co-accused and thus, the same is of no consequence. Learned counsel submitted that in absence of any direct/corroborative evidence available on record to implicate the petitioner in the present case, he may be enlarged on bail. Per contra, learned Public Prosecutor opposed the bail application. However, he was not in a position to refute the argument of the learned counsel for the petitioner particularly the argument with regard to absence of blood stains on the iron pipe said to be recovered at the instance of the petitioner.

(3.) Heard. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application under Sec. 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Rakesh Kumar @ Rocky S/o Mohan Lal shall be enlarged on bail in connection with FIR No.143/2021 registered at Police Station JNV Colony, Bikaner, provided he furnishes a personal bond in the sum of Rs.50,000.00 with two sureties of Rs.25,000.00 each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.