Rajasthan High Court – Jodhpur
Sita Ram vs State Of Rajasthan on 7 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:53177] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13210/2024 Sita Ram S/o Govind Ram, Aged About 21 Years, R/o Jankidaswala, Ps Suratgarh, Sadar, Dist. Sriganganagar, At Present R/o Nanihal Chak-5, Dld, Delana, Chhota, Ps Loonkaransar, Dist. Bikaner. (Lodged In Central Jail Bikaner.) ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. H.S. Kharlia, Sr. Adv. assisted by Mr. Rajendra Kachhwaha For Respondent(s) : Mr. Prem Singh Panwar, PP HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
07/01/2025
This application for bail under Section 439 Cr.P.C. (483
BNSS) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.70/2022 registered at Police Station
Kalu, District Bikaner, for the offences under Sections 341, 364,
As per the prosecution, on 04.08.2022, at about 7:00 pm,
the deceased Omprakash left the house on his motorbike and
went towards his fields. When he reached at a distance of about
three kilometers from his village, a white coloured swift car
bearing registration No.GJ36-B-2178 came around and four
persons abducted him. The entire incident was witnessed by one
Babulal S/o Sanwat Ram. Later on, the dead body of the deceased
Omprakash was recovered from the road near Gogamedi on
05.08.2022 at 6:00 am.
Learned counsel submitted that the petitioner has been
implicated in the present case solely on the basis of circumstantial
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evidence as available on record in form of tower locations and call
details of the petitioner as well as the co-accused and disclosure
statements made by them during their police custody. Learned
counsel for the petitioner contended that the petitioner has been
falsely implicated in the present case and he has not even been
named in the FIR. Learned counsel vehemently contended that as
per the prosecution, one blunt weapon (danda), mobile phone and
clothes allegedly worn by him at the time of commission of the
alleged crime have been recovered at the instance of the
petitioner in pursuance of the informations furnished by him under
Section 27 of the Indian Evidence Act. Drawing attention of the
Court towards the FSL report, learned counsel submitted that
though the blood stains found on the blunt weapon (danda) as
well as the clothes allegedly recovered at his instance are reported
to be of human origin but the blood grouping of the same did not
match with that of the deceased. Thus, the same has remained
inconclusive.
Learned counsel for the petitioner further drew attention of
the Court towards the statements of the sole eye witness of the
incident namely Babulal S/o Sanwar Ram (PW-01) to contend that
the aforesaid witness during his Court statements categorically
denied the factum of having seen the petitioner abducting the
deceased.
Similarly, drawing attention of the Court towards the
statements of the investigating officer recorded before the
competent criminal Court as PW-05, learned counsel submitted
that the investigating officer during his Court statements has
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admitted the fact that during the course of investigation, he had
neither collected the call details/ tower locations of the deceased
Omprakash nor recorded the statements of any eye witness of the
incident.
Lastly, learned counsel contended that in the present case,
the prosecution has completely failed in its endeavours to
establish the complete chain of circumstances so as to link the
petitioner with the alleged crime; the petitioner is in judicial
custody and the trial of the case will take sufficiently long time,
therefore, the benefit of bail may be granted to the accused-
petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and
circumstances of the present case and having perused the
statements of the eye-witness Babulal S/o Sanwat Ram (PW-01)
as well as that of the investigating officer (PW-05), this Court
prima facie finds that there is no direct evidence available on
record establishing the presence of the petitioner at the place of
incident. The recovery of the blunt weapon (danda) as well as
clothes worn by the petitioner recovered at his instance also do
not conclusively show his involvement in commission of the
alleged crime as though as per the FSL report, the blood stains
found on the blunt weapon (danda) is of human origin but the
blood grouping of the same did not match with the blood group of
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the deceased. This Court further prima facie finds that the
petitioner is behind the bars since a long period of time and
except the present case, no other criminal case is lodged against
him.
This Court prima facie also finds that whether or not the
material brought forth by the prosecution against the petitioner
would be sufficient to establish his guilt in the present case is for
the learned trial Court to determine during the course of trial. This
Court looking to the high probability that the trial against the
petitioner may take a long time to conclude, deems it suitable to
grant the benefit of bail to the petitioner in the present case.
Needless to say, none of the observations made herein above shall
affect the rights of either of the parties during trial and this Court
refrains from commenting upon the niceties of the matter.
Consequently, the bail application under Section 439 Cr.P.C.
is allowed. It is ordered that the accused-petitioner Sita Ram S/o
Govind Ram arrested in connection with F.I.R. No.70/2022
registered at Police Station Kalu, District Bikaner, shall be released
on bail, if not wanted in any other case, provided he furnishes a
personal bond of Rs.50,000/- and two sureties of Rs.25,000/-
each, to the satisfaction of learned trial court, for his appearance
before that court on each & every date of hearing and whenever
called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
190-divya/-
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