SURESH CHANDRA 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.78/2024 registered at Police Station Gangapur, District Bhilwara, for offences under Ss. 302, 201, 347 and 120B of the 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 present FIR has been lodged after a delay of more than 2 years from the death of Bhanwar Lal. Learned counsel submitted that the petitioner has been involved in the present case solely on the basis of suspicion. Learned counsel further submitted that there is not even an iota of evidence available on record indicating involvement of the present petitioner in commission of the alleged crime. Learned counsel submitted that since the case against the present petitioner only hings around circumstantial evidence, the prosecution is prima facie required to prove complete chain of incriminating circumstance linking the petitioner with the alleged crime. Learned counsel also submitted that co-accused Sundarlal (S.B. Criminal Misc. Bail Application No.2621/24) has already been enlarged on bail by this Court vide order dtd. 7/3/2024 and the case of the present petitioner is not worse than that of the co-accused Sunderlal, who has already been enlarged on bail.

(2.) Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not a position to refute the fact that the co-accused Sunderlal has already been enlarged on bail by this court. Having considered the rival submissions, facts and circumstances of the case, this court prima facie finds that the FIR has been lodged in the present case after a delay of more than two years from the death of Bhanwar Lal. There is no direct evidence available on record to show the involvement of the present petitioner in commission of the alleged crime; no recover has been effected at the instance of the present petitioner. This court also prima facie finds that the co-accused Sunderlal has already been enlarged on bail by this Court vide order dtd. 7/3/2024 and the case of the present petitioner is not worse than that of the above named co-accused. This court also prima facie does not find any motive against the petitioner to commit the alleged crime. The prosecution has not shown any apprehension of petitioner influencing the material prosecution witnesses or fleeing away from justice, in case, he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

(3.) Consequently, the bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Suresh Chandra S/o Shri Devilal, arrested in connection with FIR No.78/2024 registered at Police Station Gangapur, District Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000.00 and two sureties of Rs.25,000.00 each, to the satisfaction of learned trial court, for his appearance before that court on each and every date of hearing and whenever called upon to do so till completion of the trial.