IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Cr. Misc. Bail Appl. No.3840/2009 Jamil Khokhar Vs. State of Raj. with S.B.Cr. Misc. Bail Appl. No.4775/2009 Manoj Kumar Vs. State of Raj. Dated : 04.08.2009 HON'BLE MR. MAHESH BHAGWATI, J. Mr. Eliyas Ali ) Mr. Rajesh Goswami), for the petitioners. Mr. Amit Punia, Public Prosecutor for the State. Mr. Anoop Dhand for the complainant. Since both the aforesaid bail petitions filed on behalf of the applicants under Section 439 of Cr.P.C pertain to and arise out of one FIR No.207/2008 of Police Station Kotwali, Fatehpur, District Sikar, registered in the offences under Sections 307, 147, 148, 149, 323, 341, 427, 382, 450, 120-B of IPC read with Section 149, 120-B of IPC as also under Section 3/25 & 3/27 of Arms Act, they are being disposed of by this common order. 2. Heard the learned counsel for the petitioners, learned counsel for the complainant as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner Jamil Khokhar has canvassed that the name of the petitioner Jamil Khokhar does not figure in the First Information Report. It -2- is the injured Krishna Murari and another witness Manoj Kumar, who have named him having participated in the murder of Ganesh Hisariya and caused injuries to Krishna Murari and Ramgopal Hisariya. He has been falsely implicated and is in no way connected with the commission of the alleged offence of the instant case. 4. Learned counsel for the petitioner Manoj Kumar has contended that albeit his name figures in the First Information Report but no evidence has been collected against him. Not only this, the brother of the petitioner Dr. Sanjay Rinva made a representation also before the concerned Superintendent of Police stating that the petitioner was falsely implicated whereas he was not present at all on the spot. He also made a representation that merely naming any person in the FIR does not make him an accused of any offence. Learned counsel has further contended that no weapon has been recovered from his possession and the main accused Ashok Jat, Pintu Swami and Kailash Rinwa, whose names figure in the FIR, have been left out or put out by the Investigating Officer and after completion of investigation no charge-sheet has been filed against them. The co-accused persons namely Rakesh @ Lala and Atul Kumar have already been enlarged on bail. The case of the petitioner is similar to those of the co- accused who have already been enlarged on -3- bail, hence, the petitioner may also be granted indulgence of bail. 5. Learned counsel for the complainant as also the learned Public Prosecutor appearing for the State have vociferously opposed the bail petition on the ground that the petitioners are involved in a hideous murder committed in broad day light, in a village. A crowd of 15-20 persons armed with deadly weapons committed house tress-pass, entered into a shop and caused a sombre murder in the presence of many of the shop-keepers and persons standing around. They caused the murder of Ganesh Hisariya and caused grievous injuries to Krishna Murari and Ramgopal Hisariya. It is the corrupt and spoiled investigation that Police has left out the history-sheeters. It is shameful for the police, that they have yet not apprehended the real culprits. If the police has maliciously investigated the case, it does not mean that the petitioners are innocent. The police, after completion of investigation, has filed charge-sheet only against 8 persons and kept investigation pending against 10 persons u/s 173(8) of Cr.P.C. who are yet to be arrested. In view of all these factors, the petitioners do not deserve any indulgence of bail. 6. Having considered the submissions made at the bar and carefully perused the relevant material available on record. I, without expressing any opinion on the -4- merits of the case, but keeping in view the gravity of the offences, do not feel inclined to grant bail to the accused petitioners and their bail petitions deserve to be dismissed. 6. In the result, the bail petitions filed under Section 439 of Cr.P.C. on behalf of the accused-petitioners namely Jamil Khokhar S/o Shri Fafoor and Manoj Kumar S/o Shri Beni Prasad stand dismissed. (MAHESH BHAGWATI)J. Pcg