NANDKISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked by way of filing an application under Sec. 439 Cr.P.C. at the instance of accused- petitioner. The requisite details of the matter are tabulated herein below: <IMG>JUDGEMENT_84_LAWS(RAJ)5_2025_1.jpg</IMG>

(2.) Briefly stated the facts of the case are that on 30/8/2021, complainant Bhanwar Lal submitted a written report to the SHO, PS Nokha alleging therein that from 26/8/2021 onwards his son Arjun is found missing and he made number of call on his mobile but were unanswered and he searched him but of no avail. He has submitted an application in this regard on 28/8/2021. On the very same day of lodging written report, in the evening he received an information from the police station that an unknown body is lying in the bushes near the Charkada Ki Rohi, whereupon he reached there and identified that body of his son. On the basis of which, an FIR aforesaid was lodged against unknown persons.

(3.) It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.