Laxman @ Laccha vs State Of Rajasthan

Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.

The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in custody in connection with F.I.R. No.233/2018, Police Station Badi Sadri District Chittorgarh, for the offences under Sections 302, 120-B of IPC qua the accused-petitioner-Laxman @ Laccha and under Sections 302/34, 120-B of IPC and Section 3/25 of Arms Act (as per FIR) & as per Challan under Sections 120-B r/w 302, 148, 149 of IPC qua the accused-petitioner Akshay Bapna.

Heard learned counsel for the petitioners through video- conferencing and learned Public Prosecutor, present in person. Perused the material available on record.

Learned counsel for the petitioners stated that name of the petitioners were not mentioned in the FIR; In FIR, specific allegation of gun shot was made against Nanalal; even, presence of petitioners on the place of occurrence was specifically not mentioned in the FIR, therefore, benefit of bail may be granted to the petitioners.

On the contrary, learned Public Prosecutor opposes the bail applications of the accused-petitioners and stated that as per the statements of Ashok, Bhagwati Lal, Anchi Bai-wife of deceased Madan lal and Anchi Bai wife of Ramlal as mentioned at page 39 to 42 of charge-sheet, that there are specific allegations of abetment leveled against the accused-petitioners, therefore, benefit of bail should not be granted to the accused-petitioners.

In reply, learned counsel for the petitioners stated that there is no specific allegation of abetment. Learned counsel simpliciter stated that petitioners were involved in conspiracy but no specific allegation is there and no CCTV footage is there.

After thoughtful consideration of arguments advanced by both the sides, having regard to the totality of the facts and circumstances of the case and looking to the nature of accusations and gravity of the offences, particularly the statements recorded under Section 161 of Cr.P.C of witnesses Ashok, Bhagwati, Anchi Bai wife of deceased Madan and Anchi Bai wife of Ramlal, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioners at this stage.

Accordingly, the applications preferred by the petitioners under Section 439 Cr.P.C. is dismissed at this stage.

However, petitioners are free to file fresh bail application after the statements of the above witnesses, before the concerned trail Court.