NATHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 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.43/2023 registered at Police Station Sojat City, District Pali for the offences punishable under Ss. 147, 148, 149, 307, 365, 427& 302/120-B IPC.

(2.) As per prosecution one Sardul Singh submitted a written report dtd. 16/1/2023 to the Police alleging inter alia that on 15/1/2023, at around 09:20 PM, when his nephew namely Kuldeep Singh reached near the house of Ex- Minister Shri Laxmi Narayan Dave in his car bearing registration No. RJ-22-CC-5999, about 10-12 persons came in two vehicles (Maruti Swift Car and Scorpio) and hit the car of Kuldeep Singh with an intention to kill him. The car of Kuldeep Singh on being hit collided with an electricity pole and got severely damaged. Thereupon, the accused party attacked him armed with iron rods and pipes attacked him. The accused party thereafter kidnapped him and fled from the scene towards the Mod Bhata. In the written report, the complainant raised an apprehension that his nephew- Kuldeep Singh has been kidnapped by the accused persons owing to previous enmity with Suresh Singh, Nathu Singh and Bhawani Singh.

(3.) The Police Party on receiving the aforestated written report, immediately launched an intensive search for Kuldeep Singh. During search, the Police came to know that the accused party had killed him and the dead body of the deceased- Kuldeep Singh was found lying near the Nimbol factory. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. It was submitted that the petitioner had no motive to commit the alleged crime. Learned counsel vehemently submitted that since the case hinges on circumstantial evidence only, the prosecution is required to prima facie prove the complete chain of incriminating circumstances linking the petitioner with the alleged crime.