DHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of bail petition filed under Sec. 438 of Crimial P.C. by Mr.Vinod Kumar Sharma on behalf of the applicant Dhan Singh seeking anticipatory bail in the offences under Sections 302, 323, 341 read with Sections 149, 148 and 120B of Penal Code pertaining to FIR No.249/2009 of police station Gangapur City, Sadar, District Sawai Madhopur.

(2.) Heard the learned counsel for the petitioner, learned counsel for the complainant as also learned Additional Advocate General appearing for the State and perused the relevant material available on record.

(3.) Learned counsel for the petitioner has canvassed that the occurrence is alleged to have taken place on 24.11.2008. That day, the petitioner Dhan Singh was present on duty in Government Adarsh Secondary School, Bucholal, Panchayat Samiti Gangapur City, District Sawal Madhopur, where he was posted as a teacher. The first Investigating Officer of this case relied upon his plea of alibi and did not find him an accused and thus, no action was taken against him but later on another investigating officer viz. Additional Superintendent of Police found the petitioner Dhan Singh to be involved in the offence of murder of Sardar and challaned against him But, Additional Superintendent of Police never endeavoured to make his arrest, which tangibly evinces that he was not involved in the instant case and Addl. S.P. made the petitioner to be an accused because of some extraneous reasons. The petitioner is innocent, as such, he deserves to be granted indulgence of anticipatory bail.