1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

S.B. CRIMINAL MISC. BAIL APPLICATION NO. ________/2023

Duli Chand @ Bapu S/o Shri Mohan Lal , Aged about 30 Years, R/o
Word No 10, Bheel Mohalla, Ghatod, Police Station Bhawanimandi,
District Jhalawar (Raj.)(At present confined in District Jail
Bhawanimandi,).
..Accused-Applicant
VERSUS

The State of Rajasthan through its Public Prosecutor.

......Non-Applicant

S.B. CRIMINAL MISC. BAIL APPLICATION

UNDER SECTION 439 OF Cr.P.C. IN FIR NO.
207/2020 DATED 12.06.2020, POLICE STATION
BHAWANIMANDI, DISTRICT JHALAWAR FOR
OFFENCE UNDER SECTION 302, 201 OF I.P.C. IN
WHICH CHARGE SHEET WAS FILED FOR THE
OFFENCES UNDER SECTIONS 302, 201 & 34 OF
I.P.C. AND DURING TRIAL CHARGES AGAINST
THE PRESENT APPLICANT DULI CHAND @
BAPU HAS BEEN FRAMED FOR THE OFFENCES
UNDER SECTION 302/34 & 201 OF I.P.C.
WHEREIN BAIL APPLICATION OF THE
APPLICANT BEARING NO. 150/2023 HAS BEEN
DISMISSED VIDE ORDER DATED 05.05.2023
PASSED BY SHRI SHIVCHARAN MEENA, R.J.S.
D.J. CADRE BY COURT ADDITIONAL SESSIONS
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JUDGE, BHAWANIMANDI, DISTRICT

JHALAWAR (RAJ.).

To,
The Hon'ble Vacation Judge and his companion Judges of the
High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur.

MAY IT PLEASE YOUR LORDSHIP:

The humble applicant, above named, most respectfully begs to

submit as under:

1. That complainant Shri Radheshyam Meghwal lodged a first

information report on 12.06.2020 regarding murder of his son
namely Balchand at Police Station Bhawanimandi, Jhalawar
accordingly a formal F.I.R. no. 207/2020 was registered for the
offence under section 302 & 201 I.P.C. That during the
investigation applicant was arrested on 16.06.2020 and charge
sheet for the offence under section 302, 201 & 34 of I.P.C. has
been filed against the present applicant. That against the
applicant charges for the offences under sections 302/34, 201 of
IPC have been framed. A copy of the F.I.R. no. 207/2020 Dated
12.06.2020 registered at Police Station Bhawanimandi,
Jhalawar is attached herewith and marked as Annexure-1.

2. That applicant filed bail Application No. 150/2023 under

section 439 Cr.P.C. before the learned Trial Court i.e. Court of
Additional Session Judge, Bhawanimandi, District Jhalawar,
which has been dismissed vide its order 05.05.2023. A certified
copy of order Dated 05.05.2023 is attached herewith and
marked as Annexure-2.

That being aggrieved from the order dated 05.05.2023

and looking to the false involvement of the applicant and
prolonged incarceration the present applicant is prefer to
present bail application before this Hon’ble Court under section
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439 Cr.P.C. The applicants prefer this bail application on the

following grounds amongst others:

A. That the present applicants have falsely been implicated

in the present case. Present applicant is totally innocent
and no offence has been committed by him.

B. That there is material delay of 5 days in lodging the

F.I.R. which creates strong doubt upon the prosecution
story and therefore, no offence under section 302, 201 &
34 of I.P.C. are made out against the applicant.

C. That there are no allegations in the name of the applicant,

as of not any direct allegation nor any previous rivalry
allegation made against the applicant in the said FIR. No.
207/2020.

D. That is also submitted that the last seen witness i.e.

Dashrath cannot be considered as reliable witness as
evidence because there exists material contradictions in
his statements provided before the learned trial court as
P.W.17 as compared to the statements provided by him
u/s 164 before the magistrate. That it is pertinent here to
mention that this last seen witness has no where spoken
about the presence of the present applicant at his Dhaba.
That his entire testimony does not give any of the clue or
circumstance about involvement of the present applicant
and the present applicant has falsely been implicated.

E. That it is submitted that the other witness namely

Badrilal has not appeared before the learned trial court
for the purpose of recording his statements after being
summoned upon several times by the Learned Trial
Court.

F. That recovery so made against the applicant are vague as

same was not recovered exclusively from the applicant
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rather it was a joint recovery of sleeper of the deceased

for which at different occasions information u/s 27 of
India Evidence Act was taken of the accused persons and
therefore same cannot be connected as incriminating
evidence.

G. That case rests on circumstantial evidence and there is no

reasonable connected evidence against the applicant and
he has unnecessarily been implicated in the present
matter and applicant is innocent and no offence has been
committed by him.

H. That there is no motive available on record to cause death

of the deceased by the applicant and he has falsely been
implicated. That the deceased was heavy drinker and
used to indulge into quarrel with different persons as also
form the prosecution case it has come that he indulged
into quarrel with persons of Banzara community which
reflects that someone else may be involved in his murder
but the present applicant has unnecessarily been involved
in the matter. That no test identification parade of present
applicant has been conducted from the witnesses of last
seen by the investigating agency.

I. That still the trial will take a long time and in the present
matter applicant is in custody since 16.06.2020, therefore
in the interest of Justice applicant should be released on
bail.

J. That similarly situated co-accused person namely

Ghanshyam has already been enlarged bail by the Co-
ordinate Bench of this Hon’ble Court vide it’s order
dated 26.05.2023 passed in S.B. Criminal Misc. 2 nd Bail
Application no. 6098/2023 and case of the applicant is
not distinguishable from the co-accused who has been
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granted bail and therefore, in the interest of Justice and

prolonged incarceration he should be enlarged on bail.

K. Applicant is willing to abide by all the conditions to be

imposed by this Hon'ble Court.

L. That the other grounds will be taken at the time of

arguments.

PRAYER

It is, therefore, humbly prayed that Your Lordships may be

pleased to accept this Bail Application and Applicant namely Duli
Chand @ Bapu S/o Shri Mohan Lal may kindly be released/enlarged
on bail.

Any other order in favour of the appellant may kindly be

passed, which this Hon'ble Court may deem fit and proper in the facts
and circumstances of the present case in the interest of Justice.

YOUR LORDSHIPS
HUMBLE APPLICANT
THROUGH HIS COUNSEL

{Anshuman Saxena(R/2014/2001,
/ Giriraj Prasad Kumawat/Heeralal Prajapati /Dr. Sunil Kumar/
Jitendra Kumar Dadlani/Girdhari Lal Gupta/
Pallav Jhalani/Sagar Sharma}
email: [email protected], mob: 9828250924)
…..Advocates

Notes:

1. That it’s first bail application on behalf of the applicant and

no such Bail Application has been filed prior to it before this
Hon’ble Court or the Hon'ble Supreme Court of India.
2. That a copy of same has been given to the Public Prosecutor.
3. That this Bail Application has been typed by Private
Stenographer who is not an employee of this Hon'ble High
Court.
4. That as pie papers are not readily available, hence this Bail
Application has been typed on stout papers.
5. That present matter pertains to the jurisdiction of Hon’ble
Rajasthan High Court Jaipur Bench, Jaipur.
...ADVOCATE
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

S.B. CRIMINAL MISC. BAIL APPLICATION NO. ________/2023

Duli Chand @ Bapu

VERSUS

State of Rajasthan

SYNOPSIS

That complainant Shri Radheshyam Meghwal lodged a first

information report on 12.06.2020 regarding murder of his son namely
Balchand at Police Station Bhawanimandi, Jhalawar accordingly a
formal F.I.R. no. 207/2020 was registered for the offence under
section 302 & 201 I.P.C. That during the investigation applicant was
arrested on 16.06.2020 and charge sheet for the offence under section
302, 201 & 34 of I.P.C. has been filed against the present applicant.
That against the applicant charges for the offences under sections
302/34, 201 of IPC have been framed.

That applicant filed bail Application No. 150/2023 under

section 439 Cr.P.C. before the learned Trial Court i.e. Court of
Additional Session Judge, Bhawanimandi, District Jhalawar, which
has been dismissed vide its order 05.05.2023. Hence, the present bail
application under section 439 Cr.P.C.

……COUNSEL FOR THE APPLICANT

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO. ________/2023

Duli Chand @ Bapu

VERSUS

State of Rajasthan

INDEX
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S.NO. PARTICULARS PAGES
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1. Bail Application
2. Documents:-
Annex-1 Copy of the F.I.R. no. 207/2020 and
Dated-12.06.2020 registered at Police
Station Bhawanimandi, Jhalawar.
Annex-2 Certified copy of the order Dated
05.05.2023.

-----------------------------------------------------------------------------------

{Anshuman Saxena(R/2014/2001,
/ Giriraj Prasad Kumawat/Heeralal Prajapati /Dr. Sunil Kumar/
Jitendra Kumar Dadlani/Girdhari Lal Gupta/
Pallav Jhalani/Sagar Sharma}
email: [email protected], mob: 9828250924)
…..Advocates