Rajasthan High Court – Jodhpur
Bhana Ram vs State Of Rajasthan (2025:Rj-Jd:27371) on 18 June, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:27371]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13666/2024
Bhana Ram S/o Singa Ram, Aged About 19 Years, R/o Village -
Nichala Sabela, P.s Pindwara ,dist.-Sirohi (Raj.) (Lodged In Jail,
Sirohi, Dist.sirohi )
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Prem Dayal Bohra
For Respondent(s) : Mr. CS Ojha, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
18/06/2025
1. The jurisdiction of this Court has been invoked by way of
filing an application under Section 439 Cr.P.C./483 BNSS at
the instance of accused-petitioner. The requisite details of the
matter are tabulated herein below:
S.No. Particulars of the Case 1. FIR Number 55/2024 2. Concerned Police Station Sarupganj 3. District Sirohi 4. Offences alleged in the FIR Under Sections 147, 148, 149, 332, 353, 302 of IPC and Section 4/25 of Arms Act 5. Offences added, if any -
6. Date of passing of impugned 05.10.2024
order
2. It is contended on behalf of the accused-petitioner that no
case for the alleged offences is made out against him and his
incarceration is not warranted. There are no factors at play in
the case at hand that may work against grant of bail to the
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accused-petitioner and he has been made an accused based
on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the
petitioner, learned Public Prosecutor opposes the bail
application and submits that the present case is not fit for
enlargement of accused on bail.
4. I have considered the submissions made by both the parties
and have perused the challan papers and other material
available on record.
In an unfortunate incident, the constable Niranjan Singh
was beaten to death by some boys perhaps after a hot
altercation in a village fair between the boys and the
constable. Admittedly, there was no previous animosity and
known motive for the accused to commit the crime. 12
persons have been named as assailants in the FIR lodged at
the instance of A.S.I., Kailash Chandra who claims to have
been staying at Swarupganj police station since last three
years. In the FIR submitted by the A.S.I., Kailash Chandra,
the name of the petitioner does not find place. The incident
took place on 08.03.2024, however, on the next day, i.e., on
09.03.2024, when his statement were recorded under Section
161 of the Cr.P.C., he stated that he made an inquiry after the
incident and then got to know about the presence of the
petitioner also at the village fair along with the assailants.
Head-constable Vaaga Ram was accompanying A.S.I., Kailash
Chandra when he reached at the spot and apprehended 12
persons. He was examined by the police on 10.03.2024,
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wherein he claimed to identify the petitioner also among the
assailants. Interestingly, the facts narrated by head-constable
Vaaga Ram regarding indulgence of the petitioner has not
been corborated by A.S.I., Kailash Chandra.
Firstly, if head-constable Vaaga Ram had identified the
petitioner also as an assailant, then name of the petitioner
must have been included in the FIR which was lodged after a
gap of time. Since he was very much present with A.S.I.
Kailash Chandra. Secondly, if the claim of Vaaga Ram
regarding identification of petitioner as an assailant was true,
then the said fact must have been incorporated by A.S.I.,
Kailash Chandra in his statement dated 09.03.2024 to say
that his companion Vaaga Ram had identified the petitioner
among the assailants but a different source was shown by
him. Thirdly, the murder weapon is not recovered from the
petitioner and no direct evidence is there.
After making scrutiney of the material, it is observed
that the bald, vague and after thought statement of Vaaga
Ram and A.S.I., Kailash Chandra, there is nothing which can
be said to be a piece of incriminating evidence. It is trite law
that grave the offence, greater have to be the standard of
proof and when it comes to the question of liberty of an
individual which is otherwise guaranteed by the Constitution
of India, any infringement or restrain can only be made in
accordance with the procedure established by law and the
procedure must always be fair, reasonable and just. Detention
of an accused pending trial can be made in certain
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circumstances among which the paramount would be the
nature and gravity of offence, the punishment which can be
inflicted upon conviction, the quality of the evidence collected
during investigation as well as the apprehension of hampering
or tampering the evidence and the flight risk of the accused.
No apprehension has been shown that if released on bail, the
petitioner, who is a young boy, would flee from justice or
would not be readily available for trial. He was arrested in this
case on 21.05.2024, thus considering over all facts and
circumstances mentioned above and the trial make take long
time to conclude, this Court feels it appropriate to extend the
benefit of bail to him. Before parting, it is clarified that the
observation made hereinabove are limited to the justifiable
disposal of bail application only and the same would have no
bearance on the course of trial and proceeding judge shall not
get influence of it in any manner.
5. Accordingly, the instant bail application under Section 439
Cr.P.C./483 BNSS is allowed and it is ordered that the
accused-petitioner as named in the cause title shall be
enlarged on bail provided he furnishes a personal bond in the
sum of Rs.50,000/- with two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Judge for his appearance
before the court concerned on all the dates of hearing as and
when called upon to do so.
(FARJAND ALI),J
4-chhavi/-
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