Rajasthan High Court – Jodhpur
Kailash vs State Of Rajasthan (2025:Rj-Jd:3654) on 20 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:3654]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15521/2024
Kailash S/o Ramkaran, Aged About 22 Years, R/o Village
Kanarwas, P.s. Bhaleri, Dist Churu. (At Present Dist. Jail Churu)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. G.R. Punia, Sr. Advocate assisted
by Mr. Madan Lal
For Respondent(s) : Mr. Neeraj Kumar Gurjar, GA-cum-
AAG with Mr. Hathi Singh Jodha, P.P.
and Mr. Sharwan Singh Rathore, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
20/01/2025
1. This application for bail under Section 483 BNSS (Section
439 Cr.P.C.) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.141/2024 registered at Police
Station Bhanipura, District Churu, for offences under Sections
103(1), 109(1), 115(2), 126(2) and 61(2)(a) of BNS.
2. As per the complainant, on 15.08.2024 at about 01:00 P.M.,
when his brother – Ashok, cousin – Chetan Ram @ Kalu Ram and
Jai Ganesh, were going to Bayila village on Jai Ganesh’s motor-
bike, the co-accused Chunni Lal came along with other persons
namely Sant Lal, Rohitash, Rakesh Fander and Prem in a Bolero
vehicle (pick-up) and hit their motor-bike. The complainant further
alleged that the accused Sant Lal hit upon the head of Ashok with
a blunt weapon (lathi). Later on, when Chetan Ram, Ashok and Jai
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Ganesh were taken to the hospital, Ashok succumbed to his
injuries while undergoing treatment.
3. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
4. Drawing attention of the Court towards the FIR lodged by the
complainant – Ranveer, learned counsel for the petitioner
submitted that the petitioner has not been named in the FIR.
Further, drawing attention of the Court towards the statements of
the injured persons, who were allegedly going to the village with
the deceased – Ashok on the motor-bike namely Chetan Ram @
Kalu Ram and Jai Ganesh, learned counsel for the petitioner
submitted that both the injured persons initially in their
statements recorded under Section 161 Cr.P.C. did not name the
present petitioner as an assailant. The specific allegation of
inflicting head injury upon the deceased – Ashok with a blunt
weapon (lathi) was levelled against the accused – Sant Lal.
However, when the titimba (supplementary) statements of injured
– Chetan Ram @ Kalu Ram were recorded, he had alleged that the
present petitioner was also a part of the conspiracy hatched by the
co-accused persons to commit the alleged crime.
5. Learned counsel for the petitioner contended that the
petitioner has been falsely implicated in the present case. Learned
counsel submitted that there is not even an iota of evidence
available on record indicating involvement of the petitioner in
commission of alleged crime. Learned counsel for the petitioner
further submitted that though the specific allegation of inflicting
head injury upon the deceased – Ashok with a blunt weapon
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(lathi) was levelled against one accused – Sant Lal, yet he has not
even been charge-sheeted by the investigating agency.
6. Lastly, learned counsel for the petitioner submitted that the
petitioner is in judicial custody; the petitioner does not have any
criminal antecedents; the investigation against the petitioner has
already been completed and the trial of the case will take
sufficiently long time to be concluded, therefore, the benefit of bail
may be granted to the accused-petitioner.
7. Per contra, learned Public Prosecutor has vehemently
opposed the bail application. Learned Public Prosecutor submitted
that sufficient evidence in the form of call locations of the
petitioner and the co-accused persons is available on record to
indicate complicity of the petitioner in the commission of alleged
crime and therefore, looking to the seriousness of the allegations
levelled against the present petitioner, he does not deserve to be
enlarged on bail.
8. Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds that the
petitioner has not been named in the impugned FIR; the injured
persons in their initial statements recorded under Section 161
Cr.P.C. have not named the petitioner as an assailant; and no
recovery has been made at the instance of the present petitioner.
This Court also prima facie finds that there is no direct evidence
available on record to indicate the complicity of petitioner in
commission of alleged crime and the prosecution has not shown
any apprehension of the petitioner influencing the material
prosecution witnesses of the case or tampering with the evidence
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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.
9. Consequently, the bail application under Section 483 BNSS
(Section 439 Cr.P.C.) is allowed. It is ordered that the accused-
petitioner Kailash S/o Ramkaran arrested in connection with
F.I.R. No.141/2024 registered at Police Station Bhanipura, District
Churu, 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.
10. 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
61-AnilKC/-
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