RAKESH 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.41/2022 registered at Police Station Kalinjara, District Banswara, for offences under Ss. 460, 302/34, 380/34 IPC. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioner submitted that the co-accused person namely Arjun has already been enlarged on bail by this Court vide order dtd. 15/3/2024 in Criminal Misc. 2nd Bail Application No.800/2024. Learned counsel for the petitioner further submitted that the case of present petitioner is not distinguishable from that of the above named co-accused person who has already been enlarged on bail. The order dtd. 15/3/2024 passed by this Court is reproduced hereinbelow:-

(2.) 'This second application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.41/2022 registered at Police Station Kalinjara, District Banswara, for offences under Ss. 460, 302, 380 IPC. Learned counsel for the petitioner submitted that as per prosecution story, the deceased ' Heera Lal was killed by some unidentified persons in the night of 13/2/2022. The investigating agency after making thorough investigation into the matter, arrested the present petitioner and the co -accused Rakesh for commission of the alleged crime.

(3.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the FIR and the statements of material witnesses of the case viz. Madan Singh (PW-10) and Smt. Thawari (PW-9) recorded before the competent criminal court, learned counsel submitted that there is no evidence available on record indicating involvement of the present petitioner in commission of the alleged crime.There is no eye-witness of the incident and the material witnesses of the case viz. Madan Singh (PW-10) and Smt. Thawari (PW-9) have not disclosed any circumstance on the basis of which, it could be inferred that the petitioner had any role in killing the deceased ' Heera Lal. Learned counsel submitted that since the case against the present petitioner hinges solely on circumstantial evidence only, the prosecution is required to prima facie prove a complete chain of incriminating circumstances linking the petitioner with the alleged crime. Learned counsel vehemently submitted that as per prosecution, an axe and scissors allegedly used in commission of the alleged crime have been recovered at the instance of co-accused Rakesh. Further, there is no evidence of motive against the present petitioner.