Mahipal And Ors vs State Of Rajasthan

Learned counsel for the parties has submitted that there is no iota of evidence available on record to connect petitioner - Mahipal and appellant - Rasul Khan with the commission of crime. It is submitted that in the year 2016, a missing person report was filed alleging that deceased - Bhaga Ram is missing from 17.10.2016, however, in connection with that missing person report, the police have failed to trace out deceased - Bhaga Ram.

Later on, in the year 2018, an FIR was lodged by Budha Ram Son of Tulsa Ram, brother of the deceased alleging that petitioner - Mahipal and appellant - Rasul Khan had murdered his brother Bhaga Ram sometime in the year 2016.

The police after investigation have filed charge-sheet against petitioner - Mahipal and appellant - Rasul Khan alleging that in October, 2016, the petitioner, the appellant as well as wife of the deceased hatched conspiracy to commit murder of Bhaga Ram. It is submitted by learned counsel for the petitioner as well as the appellant that there is no direct evidence available on record to connect them with the commission of crime and the police have filed charge-sheet against them only while concluding that the alleged dead body of the deceased was recovered at their instance. It is further submitted that even if, the information given by the petitioner and the appellant under Section 27 of the Indian Evidence Act regarding the dead body of the deceased is taken as it is, then also, the same is not admissible in evidence and cannot be read against the petitioner and the appellant. It is, therefore, argued that in the absence of any material available on record, the petitioner and the appellant are entitled to be released on bail.

Per contra, learned Public Prosecutor has vehemently opposed the bail application as well as the appeal and argued that dead body of the deceased was recovered at the instance of the petitioner and the appellant and the weapon used in killing the deceased was also recovered from appellant - Rasul Khan. It is submitted that apart from that, the evidence of extra judicial confession of petitioner - Mahipal is also available on record and looking to the said piece of evidence, it cannot be said that the petitioner and the appellant have falsely been implicated in this case.

Having heard learned counsel for the parties and after going through the charge-sheet, I am not inclined to allow the bail application as well as the appeal.

Hence, the bail application preferred on behalf of petitioner - Mahipal and the appeal preferred on behalf of appellant - Rasul Khan are dismissed.