MOTI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. bail application under Sec. 439 Cr.P.C. has been filed in connection with FIR No.102/2022 registered at P.S. Nawa Shahar, District Nagaur for offences punishable under Sec. 147, 148, 149, 341, 427, 302, 120B IPC and 3/25 Arms Act.

(2.) The complainant lodged an FIR No.102/2022 at P.S. Nawa Shahar, District Nagaur for offences under Sec. 147, 148, 149, 341, 427, 302, 120 B IPC and 3/25 Arms Act. As per the F.I.R., on 14/5/2022, the complainant's husband, Jaipal Poonia (deceased) informed her that he will be going to court at 12:30 P.M. to attend court proceedings. The complainant around 03:15 P.M., received a phone call from Rajendra Kumar's (brother of the deceased) mobile phone upon which the deceased on the phone, stated inter alia that around 02:00-02:15 P.M., while he was returning from the court after attending the proceedings, a Bolero car suddenly stopped in front of his car, from which, two masked men along with Moolchand Saini and Guda Salt Sarpanch, Virendra Saini stepped out. They told Jaipal (deceased) that they have come to teach him a lesson as he had picked enmity with Moti Singh and MLA Mahendra Choudhary. Whereupon, they started vandalising his car by giving lathi blows and fired gun shots at him. The complainant was further informed on call that her husband Jaipal (deceased) has been referred by Nawa Hospital to Jaipur. The deceased was taken to Jaipur by Rajendra, Radheshyam and Om Prakash. At around 04:00 P.M., the complainant received the information of passing away of his husband attributable to the gun shots fired at him by the perpetrators.

(3.) As per the FIR, the deceased had in past received death threats from Moti Singh, brother of MLA Mahendra Choudhary, who had once attacked the deceased by entering into their house along with 2-3 goons; the case is pending trial.