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2023 DIGILAW 541 (RAJ)

Dali Chand S/o Naru @ Narayan v. State Of Rajasthan

2023-02-16

ASHOK KUMAR JAIN

body2023
ORDER : 1. The instant second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Dali Chand S/o Naru @ Narayan, who is in custody in relation to F.I.R. No.106/2019, Police Station Nikumb, District Chittorgarh for the offences under Sections 302, 201, 397 and 120-B of the IPC. His first bail application being S.B. Criminal Misc. Bail Application No.13962/2020 was dismissed by the Coordinate Bench of this Court vide order dated 03.02.2021. 2. Learned counsel for the petitioner submits that a Missing Person Report was submitted by the complainant and no specific allegations were levelled against the present petitioner. He further submits that after investigation, charge sheet against three persons including the present petitioner was filed by the police in the Court concerned and out of charge-sheeted two accused persons namely Lehru Lal and Jawan Singh have been extended benefit of bail. He further submits that no direct allegation has been made against the present petitioner and no recovery from his conscious possession was effected. He further submits that whatsoever be the recovery as fastened upon the present petitioner if same is taken to be true then its from open place. He submits that none of the article was said to be recovered at the instance of the petitioner and same were neither identified nor sent to FSL for examination. He submits that there is no evidence on record which could connect the petitioner with alleged crime. Lastly, he submits that present petitioner is in judicial custody for last more than four years as the case rests on circumstantial evidence and it is likelihood that trial will take time and keeping him in prolonged incarceration would not serve any purpose. Thus, he prayed that petitioner may be released on bail. 3. Aforesaid contentions has been opposed by the learned Public Prosecutor. He submits that ornaments and clothes of deceased were recovered from conscious possession of the present petitioner. He further submits that location and call details further establishes the presence of accused-petitioner. He further submits that present petitioner is the main accused in the matter and other co-accused Lehru Lal and Jawan Singh who have been enlarged on bail by the Coordinate Benches of this Court vide orders dated 11.02.2020 and 27.05.2020 passed in S.B. Criminal Misc. Bail Applications No.870/2020 and 3563/2020, are having different reasons for granting bail to them. 4. He further submits that present petitioner is the main accused in the matter and other co-accused Lehru Lal and Jawan Singh who have been enlarged on bail by the Coordinate Benches of this Court vide orders dated 11.02.2020 and 27.05.2020 passed in S.B. Criminal Misc. Bail Applications No.870/2020 and 3563/2020, are having different reasons for granting bail to them. 4. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 5. On earlier occasion, bail application of present petitioner was dismissed by the Coordinate Bench of this Court vide order dated 03.02.2021 passed in S.B. Criminal Misc. Bail Application No.13962/2020 on the ground that apart from evidence of recovery, call details report material to connect the petitioner with dispute of ancestral land establishing rivalry between the parties are available on record. In the orders granting benefit of bail to the co-accused was distinguished by a Coordinate Benches of this Court and this Court does not want to reproduce the same herein. The charge-sheet indicates that recovery of weapon, ornaments and clothes establishes link to connect the present petitioner with the alleged crime, whether it is from an open place or present petitioner is not having conscious possession is a subject matter to be decided by the trial Court and this Court cannot discuss in detail and on merits. As the entire set of evidence as collected by the prosecution during investigation indicate involvement of present petitioner, thus, I am not inclined to accept the bail application of the present petitioner and release him on bail. 6. Accordingly, the instant second bail application is having no force, the same is hereby dismissed.