Rajasthan High Court – Jodhpur
Vikas Chanwariya vs State Of Rajasthan (2025:Rj-Jd:1071) on 8 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:1071]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 10920/2024
Vikas Chanwariya S/o Shri Suresh Chanwariya, Aged About 21
Years, R/o Nawal Basti, Geeta Bhawan Ke Pass, Sardarpura
Teesari Road, P.s. Khanda Falsa, Jodhpru East (Presently Lodged
In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Om Prakash Joshi
Mr. Karan Joshi
For Respondent(s) : Mr. Shrawan Singh Rathore, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
08/01/2025
This second 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.609/2022 registered at Police
Station Mahamandir, Jodhpur, for the offences under Sections 147,
148, 302/149 and 120-B of IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the
petitioner has been falsely implicated in the present case for the
charge of murdering Rohan Pandit on 08.11.2022. Drawing
attention of the Court towards the challan papers, learned counsel
submitted that as per the prosecution, the petitioner and co-
accused Sahil inflicted head injuries upon the deceased whereupon
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he died while undergoing treatment at MG Hospital. However,
during the course of investigation, apart from one mobile phone,
no other material has been recovered by the investigating agency
at the instance of the present petitioner. Learned counsel
submitted that blunt weapon allegedly used in commission of the
alleged crime has been recovered at the instance of co-accused
Sahil.
Drawing attention of the Court towards the statements of
Manish Pandit (PW-01) and Kabir (PW-02) recorded before the
competent criminal Court, learned counsel submitted that though
as per the aforesaid witnesses, the petitioner had inflicted head
injury upon the deceased but the analysis of CCTV footages
attached with the challan papers clearly indicates that these
witnesses have not narrated the correct version of the incident
which occurred on 08.11.2022. Attention of the Court was further
drawn towards the analysis of the CCTV footages recovered by the
investigating agency, learned counsel submitted that CCTV
footages clearly establish that head injuries were inflicted upon
the deceased by co-accused Sahil only.
Learned counsel further submitted that the prosecution is
intentionally delaying the trial against the present petitioner as
despite number of opportunities, the complainant- Rahul Pandit
has not appeared before the competent criminal Court for
recording of his statements. It was contended that keeping the
petitioner in jail for an indefinite period of time to undergo a
prolonged trial violates his fundamental right to liberty under
Article 21 of the Constitution of India.
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Lastly, learned counsel submitted that co-accused persons
namely Kunal Pandit, Himanshu, Siddharth have already been
enlarged on bail; the petitioner is in judicial custody since
10.11.2022 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.
Having considered the rival submissions, facts and
circumstances of the case, the statements of Manish Pandt (PW-
01) and Kabir (PW-02) so also the analysis of the CCTV footages
recovered by the investigating agency, this Court prima facie finds
that the argument of learned counsel for the petitioner that head
injuries was only inflicted by the co-accused Sahil upon the
deceased with iron rod, cannot be brushed aside at this stage.
This Court also prima facie finds that the blunt weapon (iron rod)
allegedly used for killing the deceased has also been recovered at
the instance of co-accused Sahil only. This Court also prima facie
finds that the second bail application filed on behalf of the
petitioner was rejected by this Court while granting him liberty to
file a fresh bail application after recording the statements of Rahul
Pandit, Manish Pandit and Kabir, however, Rahul Pandit
(complainant) despite being granted numerous opportunities did
not appear before the competent criminal Court for recording of
his statements which prima facie amounts to violating the
fundamental right to liberty of the petitioner under Article 21 of
Constitution of India. This Court also prima facie finds that the
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prosecution has not shown any apprehension of petitioner
influencing the remaining prosecution witnesses of the cases or
fleeing away from justice, in case he is enlarged on bail. Thus,
without expressing any opinion on merits/demerits of the case,
this Court is inclined to enlarge the petitioner on bail.
Consequently, the second bail application under Section 439
Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-
petitioner Vikas Chanwariya S/o Shri Suresh Chanwariya
arrested in connection with F.I.R. No.609/2022 registered at Police
Station Mahamandir, Jodhpur, 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.
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
194-divya/-
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