Jabbar Singh vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.314/2021 of Police Station Mandore, District Jodhpur for the offence punishable under Sections 302 read with Section 120-B and 201 of the IPC.

Learned counsel for the petitioner submits that no specific averment has been made against the present petitioner and according to recovery memo, the petitioner cannot be connected with the alleged crime. Counsel further submits that FSL Report has been received from the concerned department, in which it is mentioned that the blood was not present on the clothes of the petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the prayer for bail.

Heard learned counsel for the parties and perused the material available on record.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that according to the bail application of co-accused Gyarsi, which was granted by this Court, in which it is mentioned that the main accused in this case are Jabbar Singh Rajpurohit and Dhanraj. From a bare perusal of the recovery memo, it is clear that recovery of clothes and weapon were also recovered from the possession of the present petitioner and the occurrence took place near the vicinity of the present petitioner. These facts shows that the present petitioner is the main accused in this case, therefore, no case for grant of bail is made out against the petitioner.

Hence, the bail application filed by the petitioner is hereby rejected.