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2024 Supreme(Online)(RAJ) 31507
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
VISHNU SAADH S/O SHRI SHYAMSUNDAR SWAMI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 13329 / 2024
Mr. Rahul Agrawal, Ms. Arti Sharma, PP
The court denied bail due to serious allegations, recovery of a firearm, and the accused's prior criminal history.
Headnote:(A) Indian Penal Code - Sections 302 and 115 - Arms Act - Sections 3/25 and 5/25 - Bail application - Accused-petitioner, aged 23, contends false implication and lack of independent witnesses to support prosecution's conspiracy claim - Co-accused released on bail, but Public Prosecutor opposes citing recovery of firearm and prior criminal record - Court finds no grounds for bail due to serious allegations and criminal antecedents. (Paras 1-6)
(B) Bail - Considerations for granting bail - The court must assess the nature of allegations, evidence, and the accused's criminal history before granting bail. (Paras 5-6)
Facts of the case:
The accused-petitioner was arrested in connection with a murder conspiracy and possession of a firearm. The prosecution claims a conspiracy to kill a named individual, with the accused having a prior serious charge.
Findings of Court:
The court dismissed the bail application based on the serious nature of allegations and the criminal history of the accused.
Issues: Whether the accused-petitioner should be granted bail considering the serious allegations and prior criminal record.
Ratio Decidendi: The court emphasized the seriousness of the charges and prior criminal history as significant factors against granting bail.
Result: Bail application dismissed.
Order
28/11/2024
1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of accused-petitioner . The petitioner has been arrested in connection with FIR No.195/2024 registered at Police Station Harmada, District Jaipur (West) for the offence(s) under Sections 302 & 115 of IPC and Sections 3/25 & 5/25 of Arms Act .
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the accused-petitioner is in custody since long and the he is a young boy of aged about 23 years. There is no independent witnesses to corroborate the story of prosecution that the accused-petitioner along with the other co-accused hatched conspiracy to kill Natwarlal @ Nattu. The evidence regarding surveillance of Natwarlal @ Nattu is also not available on record. The other co-accused have already been enlarged on bail, therefore, the bail application may be allowed.
3. Learned Public Prosecutor vehemently opposes the bail application and contended that it is alleged against the accused- petitioner that along with the other co-accused namely: Kush Agarwal & Aakash Kumar hatched conspiracy to kill Natwarlal. In order to execute the crime, all the 3 persons were found and apprehended by the police and from the possession of the accused-petitioner, fire arm was recovered. It is also contended that the bail application of similarly placed co-accused Kush Agarwal has been dismissed by this Court vide order dated 29.07.2024, therefore, considering the above facts, the bail application of the accused-petitioner may be dismissed.
4. Heard and perused the material available on record.
5. Considering the fact that the allegations against the accused- petitioner is regarding hatching the conspiracy to kill Natwarlal and police apprehended the present accused-petitioner with the other co-accused. From the possession of the accused-petitioner, fire arm was recovered. The record also shows that the accused- petitioner was involved in similar nature of case and was charge- sheeted under Section 302 read with Section 201 of IPC in the year 2018, considering the fact of the case and criminal antecedents of the accused-petitioner, this Court is not inclined to enlarge the accused-petitioner on bail.
6. Hence, the criminal miscellaneous bail application of the accused-petitioner is hereby dismissed.
7. The accused-petitioner is at liberty to file afresh bail application after recording the statement of complainant material witness Natwarlal @ Nattu.
