Rajendra Singh vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.100/2022 registered at Police Station Mohangarh, District Jaisalmer for the offences punishable under Sections 302, 201/34 IPC.

Learned counsel for the petitioner submitted that the petitioner is in custody in connection with murder of one Satnam Singh along with co-accused- ‘R’ and Sonu Singh. Drawing attention of the court towards FIR and challan papers, learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case and there is no evidence available with the prosecution to show his involvement in the alleged crime. Learned counsel submitted that sole allegation against the petitioner is of dropping co-accused persons at the place of incident and picking them up after commission of the alleged crime. Learned counsel submitted that the petitioner had no knowledge about commission of alleged crime by the co-accused persons and he merely dropped and picked them up out of sheer friendship.

Lastly, learned counsel for the petitioner submitted that the case against petitioner does not travel beyond 201 IPC, as there is no evidence of the petitioner conspiring with co-accused persons for commission of alleged crime. He thus, implored the court to accept the application for bail filed by the petitioner.

Learned Public Prosecutor opposed the bail application and submitted that from the perusal of challan papers, it is evident that the present petitioner, not only conspired with co-accused persons but had also played an active and a vital role in the commission of alleged offence.

Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

From the challan papers, it is evident that the petitioner has been charged for commiting offences under Section 302, 201 and 34 IPC.

From the perusal of the challan papers, it is manifest that the petitioner has not played an active role in commission of the murder of deceased. The telephonic conversation between petitioner and co-accused persons, available on record, does not indicate that the petitioner had any knowledge about co-accused persons planning to kill the deceased. The transcript of telephonic conversation whereas, shows planning of co-accused persons to beat/assault the deceased. Thus, at this stage, it cannot be said that the petitioner along with co-accused persons committed murder of the deceased, in a pre-planned/ pre-arranged manner, in furtherance of common intention.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner-Rajendra Singh S/o Sh. Darshan Singh arrested in connection with F.I.R. No.100/2022 registered at Police Station Mohangarh, District Jaisalmer shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.