Rajasthan High Court – Jodhpur
Bagga Singh vs The State Of Rajasthan on 27 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:4923]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 10668/2024
Harpreet Singh @ Happy S/o Bhola Singh, Aged About 23 Years,
R/o 37 Gb-A, Ps Srivijaynagar, Teh. Srivijaynagar, Dist.
Sriganganagar. (Lodged In Sub Jail Anupgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous 1st Bail Application No. 14128/2023
Bagga Singh S/o Kala Singh, Aged About 31 Years, R/o 37 Gba,
P.s. Vijaynagar, Tehsil Vijaynagar, Dist. Sriganganagar,raj. (At
Present Lodged In Sub Jail, Srikarnpur, Dist. Sriganganagar)
----Petitioner
Versus
1. The State Of Rajasthan, Through Pp
2. Balkaran Singh S/o Jangeer Singh, R/o 13 H, Thhadda,
Karanpur, Keshrisinghpur, Dist. Sriganganagar,raj.
----Respondents
S.B. Criminal Miscellaneous 2nd Bail Application No. 5351/2024
Rajvindra Singh @ Raju S/o Kashmir Singh, Aged About 25
Years, R/o 07 W, Police Station Kesarisinghpur, Tehsil
Srikaranpur, Dist. Sriganganagar. (At Present Lodged In Central
Jail, Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shreekant Verma
Mr. Ratish Bhatnagar
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
27/01/2025
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These applications for bail under Section 439 Cr.P.C. (483
BNSS) have been filed by the petitioners who have been arrested
in connection with F.I.R. No.226/2022, registered at Police Station
Kesrisinghpur, District Sri Ganganagar, for offences under Sections
302, 323, 450, 147, 148 and 149 of IPC.
Heard learned counsel for the parties at Bar. Perused the
material available on record.
As per the prosecution, complainant- Balkaran lodged a
typed report alleging inter alia that his son Gurmail Singh was in a
live-in relationship with one Parveen Kaur and used to reside with
her and her children Pawan and Gagan. On 20.11.2022, the
deceased- Gurmail Singh, Praveen Kaur and the children were
sleeping in their house. The next day at around 5 am, the
complainant received a phone call from Praveen Kaur who told
that Gurjeet Singh @ Dull, Manga, Raju @ Rajvindra Singh and
Ramesh along with a few other accused persons had entered their
house at around 4 am and brutally assaulted the deceased-
Gurmail Singh with lathis and pipes. The deceased was being
taken to Ganganagar Government Hospital and he succumbed to
his injuries on the way.
Learned counsel for the petitioners submitted that the
material prosecution witnesses of the alleged incident which
occurred on 20.11.2022, viz. Praveen Kaur (PW.1), Gagandeep
Singh (PW.2) and Pawandeep Singh (PW.3) during their Court
statements have not supported the prosecution story and have
turned hostile. Learned counsel submitted that since the eye
witness of the alleged incident and the other material prosecution
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witnesses during their Court statements have not supported the
prosecution story and have turned hostile, the chances of the
petitioners getting convicted in the present case are very bleak.
Lastly, learned counsel for the petitioners submitted that 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 application.
Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds that as per
the prosecution, on 20.11.2022, the petitioners had brutally
assaulted the deceased- Gurmail Singh with lathis and pipes. In
the alleged incident, the deceased had sustained more than 22
injuries and died. On a careful scanning of the record of the case,
this Court prima facie finds that in the present case, certain blood
stained weapons have been recovered at the instance of the
present petitioners. The FSL report dated 23.01.2023 prepared by
Regional Forensic Science Laboratory, Bikaner which is admissible
under Section 293 Cr.P.C. clearly establishes that the blood found
on the blunt weapons recovered at the instance of the present
petitioners is human and the same matches with the blood group
of the deceased- Gurmail Singh.
In the opinion of this Court, the recovery of the blood stained
weapons at the instance of the present petitioners in the present
case is very crucial as it is supported by the Serological Evidence
which indicates that the blood found on the blunt weapons is
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human. In view of the postmortem report of the deceased-
Gurmail Singh and the recovery of blunt weapons at the instance
of the present petitioners containing blood stains, prima facie the
pertinent link in form of circumstantial evidence is available
against the petitioners indicating their involvement in commission
of the alleged crime and, therefore, this Court is not inclined to
enlarge the petitioners on bail. Merely since the prosecution
witnesses during their Court statements did not support the
prosecution story and turned hostile, would not be a factor at play
in favour of the grant of bail to the present petitioners, particularly
since the Serelogical Evidences obtained by the Investigating
Agency, prima facie establish their complicity in the present case.
In view of the aforesaid discussion, this Court is not inclined
to enlarge the petitioners on bail at this stage, however, the
petitioners shall be at liberty to file a fresh bail application after
recording of the statements of the Investigating Officer before the
competent criminal Court.
Consequently, these bail applications under Section 439
Cr.P.C. (483 BNSS) are dismissed.
(KULDEEP MATHUR),J
147 to 149-himanshu/-
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