Udai Lal 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.349/2021 registered at Police Station Gangrar, District Chittorgarh, for offences under Sections 302 and 201 IPC.

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

As per prosecution story, on 25.12.2021, the deceased Shokin went out of the house but did not return. The complainant-Shanker Lal in the written complaint submitted by him before SHO, P.S. Gangrar, District Chittorgarh, stated that the deceased Shokin was last seen in the company of the present petitioner by him.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that there is no evidence worth the name on the record of the case showing involvement of the petitioner in commission of the alleged crime. Learned counsel submitted that statements of the complainant Shanker Lal have been recorded before competent criminal court on 28.06.2022 as PW-4. Learned counsel submitted that Shanker Lal in his statements, has stated that he had never seen the petitioner and the deceased quarreling with each other.

Attention of the Court was also drawn towards the statements of other material witnesses namely Pushpa Jat, Kishanlal Jat and Suresh Jat recorded before competent criminal court as PW-5, PW-6 and PW-7 respectively to urge that the petitioner was not having any motive to commit murder of the deceased. Learned counsel vehemently submitted that no recovery has been made from the present petitioner and in view of the fact that there is no evidence of motive for petitioner to have killed the deceased, the petitioner deserves to be enlarged on bail.

Lastly, learned counsel submitted that statements of material witnesses have already been recorded before competent criminal court, therefore, there is no apprehension of the petitioner influencing the witnesses or tampering with the witnesses. Learned counsel submitted that the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail application and submitted that the deceased was admittedly seen lastly in the company of the present petitioner and this is a strong circumstance warranting rejection of the bail application. However, he was not in position to refute the fact that material witnesses of the case have not shown any motive for the petitioner to kill the deceased. He was also not in position to refute the fact that no recovery has been made from the present petitioner and except for the evidence of last seen, there is no other evidence available on record indicating involvement of the present petitioner in commission of alleged crime.

Having considered the arguments advanced by the learned counsel for the parties and perused the material available on record including challan papers and the statements of the material prosecution witnesses recorded before the competent criminal court, this Court prima facie finds that there is no direct evidence available on record to connect the petitioner with the alleged crime. Even there is no evidence of motive for the petitioner to commit the crime. Whether or not, the evidence of last seen can be sufficient for holding the petitioner guilty would be for the trial court to decide and any comment by this Court at this stage may prejudice the trial.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Udai Lal S/o Shri Suresh Chandra arrested in connection with F.I.R. No.349/2021 registered at Police Station Gangrar, District Chittorgarh, 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.