1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. IInd Bail Application No. 6457/2009 Manoj Singh @ Rinku vs. State of Rajasthan Dated : 21.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sunil Jain, for the petitioner. Mr. Amit Poonia, Public Prosecutor. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Sunil Jain Advocate on behalf of the applicant Manoj Singh @ Rinku pertaining to F.I.R. No. 147/2008 of Police Station Railway Colony, Kota District Kota, in the offences under Sections 302, 394 and 34 of IPC as also Section 3 of SC/ST (Prevention of Atrocities), Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated and is in no way connected with the commission of the alleged offence of murder of the instant case. As per the statements of PW-1 Tej Karan, the petitioner was nabbed only after two hours of the occurrence and the recovery of stolen articles has been falsely planted, which does not connect the petitioner with this case. So far, no evidence has emerged against the petitioner, hence, the petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application. 2 5. Having considered the submissions made at the bar and scanned the relevant material on record, it is noticed that the petitioner was arrested on 31.7.2008 at about 5:30 pm. The occurrence is alleged to have taken place during the intervening night of 29th - 30th July, 2008. It is also noticed that in pursuance of the information furnished by the petitioner under Section 27 of the Indian Evidence Act to the Investigating Officer, the stolen articles viz. Tanke, golden ghooti and mangal-sutra were recovered, which were infact, stolen from the body of the deceased, she was wearing. At this stage, it does not seems to be apt to analyze the statements of the prosecution witnesses who have been examined so far by the learned trial court. However, I, without expressing any opinion on the merit of the case, do not deem it just and proper to grant bail to the petitioner and the same deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner Manoj Singh @ Rinku stands dismissed. (MAHESH BHAGWATI)J. Mak/- s-31