Panna Ram vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.383/2019, Police Station Makrana, District Nagaur for the offences under Sections 302 & 201 of IPC.

Heard learned counsels for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that there is no motive with the petitioner to murder the deceased(Prakash). There is no evidence that the petitioner was being obstructed by the deceased to take a loan of Rs. 2,00,000/- (Rupees: Two Lac Only) from his grand-father. As per the statement of the grandfather Bhagu Ram, there is nothing to show that the petitioner ever asked for any loan from him. He further submits that there is no enmity of the petitioner with the prakash which can instigate the present petitioner for murdering him.

Per contra, the learned Public Prosecutor & learned counsel for the complainant have vehemently opposed the bail application. Learned Public Prosecutor supported by learned counsel for the complainant submits that the deceased was seen alive lastly with the company of the petitioner and as per the statement of Nagendra Singh and Sushil Kumar, the deceased was lastly seen alive in the company of the present petitioner and immediately after 10:28 P.M. the mobile phone of the deceased was found switched off. He further submits that there is recovery of mobile phone of the deceased from the petitioner on the information supplied by him under Section 27 of the Evidence Act.

I have considered the submissions made at the bar and the fact that the petitioner was seen alive in the company of the deceased when the last footage was seen from the Toll barrier and, thereafter the mobile of the deceased was found switched off. Further, the recovery of the mobile of the deceased from the present petitioner sufficiently proved the involvement of the present petitioner of the offence alleged in the present case. Therefore, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage.

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