Rajasthan High Court Denies Bail To Murder Accused Having No Mention In FIR But Who Accompanied Principal Accused To Crime Scene
Rajasthan High Court has rejected the bail application of one of the many accused in a murder case, who was neither named in the FIR nor had any allegations levelled against him. The Court observed that even though the applicant had not actively taken part in actually and physically attacking the victim, by being involved in other manner in the crime, the gravity of his role did not...
Rajasthan High Court has rejected the bail application of one of the many accused in a murder case, who was neither named in the FIR nor had any allegations levelled against him.
The Court observed that even though the applicant had not actively taken part in actually and physically attacking the victim, by being involved in other manner in the crime, the gravity of his role did not decrease.
The bench of Justice Rajendra Prakash Soni was hearing the bail application in a case wherein it was alleged that the applicant along with other accused including the main accused had attacked the victim with swords while the latter was on his way home, resulting in his death. However, it was the case of the counsel for the applicant that there was nothing recovered from the possession of the applicant, neither there was any concrete evidence to show any direct nexus between the applicant and the alleged crime. Hence, it was argued that the applicant be granted bail.
The Court rejected this argument and highlighted that the applicant was a participant in the planning of the murder and he also accompanied the main accused on the latter's bike to the crime scene. Furthermore, he was also present near the crime scene and kept an eye on the surroundings to ensure smooth culmination of the incident.
The Court further ruled that it was always difficult to obtain direct evidence of common intention, hence, its existence had to be deduced from surrounding facts only, which was possible only at the trial stage in view of submitted evidences. Hence, in light of so much prima facie material against the applicant, the Court rejected the bail application.
“In view of the enormous prima facie material placed on record in respect of the applicant, the allegations leveled against the petitioner, I am of the considered view that looking to the nature and gravity of the accusation in the instant case, the role attributed to the petitioner and the case set up against petitioner in its entirety, the petitioner is not found entitled to be released on bail.”
Title: Kulddeep v State of Rajasthan
Citation: 2024 LiveLaw (Raj) 190