Rajkumar @ Raju And Ors vs State

The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with FIR

No.41/2019, Police Station Bhirani, District Hanumangarh for the offence punishable under Sections 302, 364,396,201,341,342,323,147,149,120-B IPC.

The first bail application of the petitioner was dismissed on 20.01.2020 by this Court.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioners, statement of the prosecution witnesses have

been examined. Counsel for the petitioner submits that had there been any intention to extort or rob Rs.15 lacs from the deceased, they would not

have dropped him at the hotel. He further submits that the entire belongings of the deceased were found intact, neither the purse nor the ornaments

were missing from the dead body of the deceased and therefore the intention to rob the deceased cannot be foisted on the present petitioners. He

further submits that in the statement of PW-3 Vikas, it has been clearly mentioned that the deceased was not driving the vehicle properly and his

motorcycle was faltering and the present petitioners were behind the deceased’s motorcycle and therefore they told PW-3 Vikas to help the

motorcycle rider and drop him at the hotel. PW-3 Vikas dropped the deceased at the hotel and the present petitioners took him in the hotel. The

bonafide intention of the petitioners can also be gathered from the fact that the doctor was called to get the deceased examined. He further submits

that there were other persons present in the hotel who had gone to the room in which the deceased was made to sleep.

Counsel for the petitioner contends that there is no allegation or evidence against the petitioners to administer the poison to the deceased. The present

petitioners were known to the deceased as he was a regular visitor of their uncle’s hotel and in order to help the deceased, they had taken him to

the hotel with the help of PW-3 Vikas. He further submits that the co-accused Subhas and Sita Ram have already been enlarged on bail by this Court

vide order dated 17.1.2020,12.12.2019. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged

on bail.

Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and

proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Rajkumar @ Raju S/o Mohan Lal

(2) Rajendra Kumar @ Kala S/o Deewan Singh @ Deewan Chand, shall be released on bail in connection with FIR No.41/2019, Police Station

Bhirani, District Hanumangarh provided they furnish a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) each with two sound and

solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon to do so till the completion of the trial.