Rajasthan High Court - Jaipur
Pradeep Kumar S/O Babu Lal B/C Aheer vs State Of Rajasthan Through Pp on 29 November, 2018
Author: Sabina
Bench: Sabina
(1 of 2)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISC. 2nd BAIL APPLICATION NO.
15107/2018
Pradeep Kumar S/o Babu Lal, B/c Aheer, R/o Ghaseda, Police
Station Buhana, District Jhunjhunu (Raj.)
(At Present In Sub Jail Khetri, District Jhunjhunu)
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
__________________________________________ For Petitioner : Mr. Gajanand Yadav For Respondent : Mr. R.S. Raghav, P.P. For Complainant: Mr. Vijay Jangid __________________________________________ HON'BLE MRS. JUSTICE SABINA Judgment 29/11/2018 Petitioner has filed this 2nd petition under Section 439 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') seeking regular bail in F.I.R. No. 179/2018 registered at Police Station Buhana, District Jhunjhunu (Raj.) for offence under Sections 302, 460, 34, 120-B Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 20.08.2018. Petitioner has been falsely involved in this case.
Learned state counsel who is assisted by the counsel for the complainant, has opposed the petition and has submitted that the present case relates to murder of Satish. Case rests of circumstantial evidence. Deceased has suffered firearm injury. Statement of Pradeep Kumar was recorded during investigation. The said witness had gone with the petitioner (2 of 2) and his co-accused in his vehicle on 19.08.2018 (during the night) to Bhuriwas. Thereafter, the driver (Pradeep Kumar) and the petitioner stayed back in the vehicle, whereas, co- accused Menpal went away and returned after fifteen to twenty minutes. As per the prosecution story, co-accused Menpal had fired at the deceased. As per the prosecution story, petitioner had got done the murder of Satish through his co-accused Menpal. It is the case of the driver whose statement was recorded under Section 161 Cr.P.C. that he had no idea that he had been taken by the accused to commit the offence.
Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail to him is made out.
Dismissed.
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