Rajasthan High Court – Jodhpur
Hariram vs State Of Rajasthan (2025:Rj-Jd:22785) on 12 May, 2025
[2025:RJ-JD:22785]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2350/2025
Krishna Kumar S/o Balwant, Aged About 40 Years, R/o 16-17
KNN, Tehsil Nohar, District - Hanumanagarh.
(Presently Lodged In Sub Jail Nohar, District - Hanumanagarh)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13415/2024
Hariram S/o Laalchand, Aged About 45 Years, R/o 16-17 KNN,
Tehsil Nohar, District - Hanumangarh.
(Lodged In District Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Rajendra Choudhary
For Respondent(s) : Ms. Sonu Manawat, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
12/05/2025
These application for bail under Section 483 of BNSS (439
Cr.P.C.) have been filed by the petitioners who have been arrested
in connection with F.I.R. No.61/2023, registered at Police Station
Fefana, District – Hanumangarh for offences under Sections 148,
302, 341, 342, 323 & 149 of the IPC.
Heard learned counsel for the petitioners and the learned
Public Prosecutor. Perused the material available on record.
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Learned counsel for the petitioners submitted that as per the
case of the prosecution, the complainant Ramdas has given a
written report to the effect that at about 11:00 am he received a
phone call from Rajani, the wife of his brother calling him to
rescue them as accused Hansraj and other co-accused persons
have snatched away their motorcycle and Sughash was assaulted
by them with the Lathis at the house of accused Hansraj. When
he reached at the spot he saw that Kalu, Hansraj, Kanhiram,
Krishna, Raju, Kair Singh, Hari Singh, Hemraj, Vikram, Nandu and
two three women all were beating to his brother Subhash with
lathis. Subhash received serious injuries. Subhash succumbed to
the injuries. Learned counsel for the petitioners argued that
accused-petitioners have been falsely implicated in the present
case. Accused-petitioners have not beaten to deceased Subhash.
Learned counsel for the petitioners submitted that the co-
accused Vidhya Devi, Vinod Kumar and Rakesh have been
enlarged on bail by a Coordinate Bench of this Court vide orders
dated 06.10.2023, 18.04.2024 and 19.10.2024, passed in S.B.
Criminal Misc. Bail Application No.9560/2023, 4461/2024 and
6027/2024 respectively. He submitted that the case of the present
petitioner is not distinguishable than that of the aforesaid co-
accused persons who have been enlarged on bail.
Learned counsel for the petitioners further submitted that
PW-2 – Gita Devi, PW-6 – Man Singh, PW-7 – Narendra and PW-8
– Govindram did not support the case of the prosecution and they
have been declared hostile.
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Learned counsel for the petitioner further submitted that the
accused-petitioners are in judicial custody since long and the trial
of the case will take sufficiently long time, therefore, the accused-
petitioners may be enlarged on bail.
Per contra, learned Public Prosecutor vehemently opposed
the bail application and submitted that accused-petitioners have
committed a heinous crime of murder of Subhash, the brother of
the complainant. The complainant Ramdas has also saw the
incident of beating Subhash by the accused persons in the house
of accused Hansraj. Thus, the accused Krishna Kumar has an
active role in commission of murder of Subhash. The case of the
co-accused persons Vidhya Devi, Vinod Kumar and Rakesh is on
different footing. Hence, they have been enlarged on bail.
Accused Krishna Kumar along with co-accused persons Kalu,
Hansraj, Kanhiram, Raju, Kair Singh, Hari Singh, Hemraj, Vikram,
Nandu and two three women all have assaulted Subhash with
lathis mercilessly beaten him. Subhash received grievous injuries.
He succumbed to the injuries. PW-1 Ramdas, PW-2 Kaluram, PW-3
– Mukesh, PW-4 – Rajani and PW-9 – Jaswant have been
examined before the trial Court and they have supported the case
of the prosecution and submitted that they saw accused persons
beating to Subhash.
Therefore, he prayed that looking to the gravity of the
offence, benefit of bail may not be extended to the petitioners.
At the instance of accused-petitioner Krishna Kumar, a
Danda(Lathi) has been recovered. Accused Krishna Kumar in his
disclosure statement has stated that he along with other co-
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accused has assaulted Subhash. PW-1 – Ramdas (complainant)
and PW-5 Rajani who are the eye witnesses, in their statements
recorded before the Court have stated the role of the accused
persons along with other accused persons in committing murder of
Subhash. Other eye-witnesses are yet to be examined.
Though, PW-2 Gita Devi, PW-6 – Man Singh, PW-7 –
Narendra and PW-8 – Govindram have turned hostile, PW-1
Ramdas, PW-2 Kaluram, PW-3 – Mukesh, PW-4 – Rajani and PW-9
– Jaswant have supported the case of the prosecution and
submitted that they saw accused persons beating to Subhash and
due to the beatings Subhash died.
This Court finds that at this stage, when the Investigating
Officer and other relevant prosecution witnesses are yet to be
examined, it cannot be said that the accused persons have not
committed any offence when the eye witnesses Ramdas(PW-1)
and Rajani(PW-4) have stood firm in their examination before the
Trial Court. The involvement of the accused in the commission of
offence can be ascertained only after recording of the statements
of the witnesses. No comment can be made on the
merits/demerits of the case at this stage.
Having regard to the facts and circumstances of the case,
this Court is not inclined to grant bail to the accused-petitioners.
The bail applications are, therefore, rejected at this stage.
(CHANDRA PRAKASH SHRIMALI),J
41-Ramesh Goyal, P.S./-
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