YOGESH KUMAR VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner. The petitioner has been arrested in connection with F.I.R. No. 383/2023 registered at Police Station Laxmangarh (Alwar), District Alwar for offences under Ss. 302 and 201 I.P.C.

(2.) Learned Counsel for the petitioner submits that the petitioner has been implicated in this case without there being any concrete evidence against him so as to connect him with the alleged incident of murder of the deceased-Akash Saxena. He further submits that the petitioner is behind the bars since 25/9/2023 and the co-accused Smt. Teena, Mathuri Devi and Santosh Sahariya have already been enlarged on bail and the case of the present petitioner is in no manner distinguishable from the case of other co-accused persons who have already been enlarged on bail. Therefore, he may be released on bail.

(3.) Learned Public Prosecutor vehemently opposed the bail application and submits that on an information given by the accused-petitioner under Sec. 27 of the Indian Evidence Act, some pieces of mobile phone of the deceased-Akash Saxena have been recovered from his house and there is also an evidence on record that the accused-petitioner has shown to the Police about the place i.e. Well where they put the dead body after committing murder of the deceased. Learned Public Prosecutor further submits that in view of the evidence available on record as against the accused-petitioner, he is not entitled for bail.