ANMOL BISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 140/2017 of Police Station Shastri Nagar District Jodhpur for the offences punishable under Ss. 307, 336, 387, 34, 427, 120-B and 212 IPC and under Sec. 3/25 Arms Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the police have filed charge-sheet against the petitioner for the offences punishable under Ss. 307, 336, 387, 427, 212 and 120-B IPC with the allegation that the petitioner along with other co-accused persons hatched a criminal conspiracy to attack on the house of the complainant with the intention to kill him. Learned counsel has further submitted that as per charge-sheet, two accused persons namely Kumbhkaran @ Kumbharam and Swaroop Ram fired gun shot at the house of the complainant on 21/6/2017. The police have also concluded that the above named co-accused persons hatched a criminal conspiracy with one Harendra Jat to commit the crime. Learned counsel has further submitted that as per the charge-sheet, the allegation against the petitioner is to the effect that he harboured co-accused Harendra Jat but there is no evidence available on record that the petitioner was connected with co-accused persons Kumbhkaran @ Kumbharam or Swaroop Ram, who committed the crime. Learned counsel has also submitted that the trial court has charged the petitioner only with the offences punishable under Ss. 212 and 120-B IPC and the charges against the petitioner have not been framed for the offences punishable under Ss. 307, 336, 387 IPC. It is submitted that charge-sheet has been filed in the matter and co-accused persons namely Kumbhkaran @ Kumbharam and Swaroop Ram have already been enlarged on bail.