BailAppl 7569/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Misc. Bail Application No.7569/07 Om Prakash @ Nanchhu Versus State DATE OF ORDER : 05/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. B.M. Gurjar, for accused-applicant Mr. R.P. Kuldeep, Public Prosecutor *** Heard learned counsel for the applicant as well as learned Public Prosecutor for the State and perused the material on record. A case was registered against accused- applicant for offence u/ss.302 & 201 IPC and the informant was the Sarpanch. In report it was alleged that in Village Daulatpura, Police Station Harmada on 17th July, 2007 at about 10.30 PM near railway crossing an unknown dead body lying there along with motorcycle. On his said report, a case was registered and investigation was made. The challan was filed against accused-applicant. During investigation circumstantial evidence which has been taken note of was the Sim Card of petitioner's mobile. Apart from it, in the statements recorded of Rameshwar and Gopal Saini u/s.161 Cr.P.C. who are real uncle of accused- petitioner and also of deceased also deposed about the fact that when sale deed was registered a day earlier on 16th July, 2007 some hot discussion took place and present accused-petitioner had threatened the deceased. Both are cousin brothers. Present accused-petitioner is son of his paternal BailAppl 7569/07 [2] uncle [Tauji] and later on in FSL report which was also shown to this court dated 23rd January, 2008 serological examination was also found to be positive. It is submitted by Public Prosecutor that circumstantial evidence which has come on record connect the present accused-petitioner with the alleged offence which has been committed. By this time, six prosecution witnesses have been examined during trial. Taking note of the material on record and so also the circumstances as alleged which has come on record, this court does not find it to be a fit case to enlarge the present accused-petitioner on bail. Consequently, the present bail application u/s.439 Cr.P.C. is dismissed. However, the learned trial Judge is directed to expedite the trial. Copy of this order be sent to learned trial Judge also. [AJAY RASTOGI], J. FRBOHRA7569Bail Application2007 5-2.doc