Rajasthan High Court – Jodhpur
Roop Singh vs State Of Rajasthan (2025:Rj-Jd:5341) on 28 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:5341]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 269/2025
1. Roop Singh S/o Bhanwar Singh, Aged About 40 Years, R/o
Goda Ki Dhani, Budhnagar , P.s. Dangiyawas Jodhpur.
(Presently Lodged In Central Jail Jodhpur)
2. Kalyan Singh S/o Bhanwar Singh, Aged About 28 Years,
R/o Goda Ki Dhani, Budhnagar , P.s. Dangiyawas Jodhpur.
(Presently Lodged In Central Jail Jodhpur)
3. Hukam Singh S/o Bhanwar Singh, Aged About 30 Years,
R/o Goda Ki Dhani, Budhnagar , P.s. Dangiyawas Jodhpur.
(Presently Lodged In Central Jail Jodhpur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kamal Rathore
For Respondent(s) : Mr. Shrawan Singh Rathore, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
28/01/2025
This application for bail under Section 439 Cr.P.C. has been filed
by the petitioners who have been arrested in connection with F.I.R.
No.61/2024 registered at Police Station Dangiyawas, Jodhpur City
East, for the offences punishable under Sections 147, 148, 149, 323,
324, 341, 307, 302, 450, 427 of IPC and Section 4/25 of Arms Act.
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioners submitted that the co-
accused Sawant Singh (S.B. Criminal Miscellaneous Bail Application
No.12177/2024) has already been enlarged on bail by this Court vide
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order dated 12.12.2024. The order dated 12.12.2024 passed by this
Court is reproduced herein below for ready reference:
“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.61/2024, registered at Police Station Dangiyawas,
Jodhpur City East, for offences under Sections 147, 148, 149, 323, 324,
341, 307, 302, 450 and 427 of IPC.
Heard learned counsel for the petitioner, learned Public Prosecutor
and learned councel for the complainant. Perused the material available
on record.
Learned counsel for the petitioner submitted that the petitioner
has been falsely implicated in the present case. Drawing attention of
the Court towards the FIR and the post mortem report of the deceased-
Kiran Kanwar, learned counsel submitted that the deceased- Kiran
Kanwar had died due to the stab injury caused to her chest. Drawing
further attention of the Court towards the statements of Bhawani Singh,
Hanuman Singh, Likhma Ram, Vinod Kanwar recorded under Section
161 Cr.P.C., learned counsel contended that as per the eye-witnesses
of the alleged incident, the fatal injury was caused to the deceased by
co-accused Sher Singh S/o Bhanwar Singh.
Learned counsel further submitted that though as per the
prosecution, the petitioner was carrying a blunt weapon at the time of
alleged incident but the material available on record clearly indicates
that the deceased died due to a single stab injury caused to her by the
co-accused.
Lastly, learned counsel for the petitioner submitted that the
petitioner is in judicial custody and the trial of the case will take
sufficiently long time, therefore, the benefit of bail should be granted to
the accused-petitioner.
Per contra, learned Public Prosecutor and learned councel for the
complainant have vehemently opposed the bail application.
Having considered the rival submissions, facts and circumstances
of the case and having perused the post mortem report so also the
statements of the various eye-witnesses recorded under Section 161
Cr.P.C, as per which, the specific allegation of stabbing the deceased-
Kiran Kanwar has been attributed to the co-accused- Sher Singh, this
Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. (483
BNSS) is allowed. It is ordered that the accused-petitioner- Sawant
Singh S/o Sh. Bhanwar Singh, arrested in connection with F.I.R.
No.61/2024, registered at Police Station Dangiyawas, Jodhpur City
East, 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.”
Learned counsel for the petitioners further submitted that the
case of the present petitioners is not distinguishable from that of the
co-accused Sawant Singh who has already been enlarged on bail; the
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the petitioners are 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-petitioners.
Per contra, learned Public Prosecutor has vehemently opposed
the bail applications. However, he was not in a position to refute the
fact that the above named co-accused person has already been
enlarged on bail.
Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds that the case
of the present petitioners is not distinguishable from that of the co-
accused Sawant Singh who has already been enlarged on bail. Thus,
without expressing any opinion on merits/demerits of the case, this
Court is of the opinion that the bail applications filed by the
petitioners deserve to be accepted.
Consequently, these bail applications under Section 439 Cr.P.C.
are allowed. It is ordered that the accused-petitioners (1) Roop
Singh S/o Bhanwar Singh, (2) Kalyan Singh S/o Bhanwar
Singh and (3) Hukam Singh S/o Bhanwar Singh, and
arrested in connection with F.I.R. No.61/2024 registered at Police
Station Dangiyawas, Jodhpur City East, shall be released on bail, if
not wanted in any other case, provided each of them furnishes a
personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two
sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the
satisfaction of learned trial court, for their appearance before that
court on each & every date of hearing and whenever called upon to
do so till completion of the trial.
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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
280-divya/-
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