Rajasthan High Court – Jodhpur
Shankar Das vs State Of Rajasthan (2025:Rj-Jd:4469) on 23 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:4469]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14076/2024
1. Shankar Das S/o Badri Das, Aged About 46 Years, R/o
Bhojasar Bada, P.s.-Bhanipura, Dist - Churu (Raj.)
(Presently Lodged In Dist Jail, Churu)
2. Hanuman Das S/o Badri Das, Aged About 50 Years, R/o
Bhojasar Bada, P.s.-Bhanipura, Dist - Churu (Raj.)
(Presently Lodged In Dist Jail, Churu)
3. Bhani Das S/o Badri Das, Aged About 44 Years, R/o
Bhojasar Bada, P.s.-Bhanipura, Dist - Churu (Raj.)
(Presently Lodged In Dist Jail, Churu)
4. Bhagirath S/o Badri Das, Aged About 32 Years, R/o
Bhojasar Bada, P.s.-Bhanipura, Dist - Churu (Raj.)
(Presently Lodged In Dist Jail, Churu)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Kumar Shah
For Respondent(s) : Mr. Urja Ram Kalbi, PP
Mr. K.R. Saharan for complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
23/01/2025
This application for bail under Section 439 Cr.P.C. (483
BNSS) has been filed by the petitioners who have been arrested in
connection with F.I.R. No.158/2024, registered at Police Station
Bhanipura, District Churu, for offences under Sections 329(3),
115(2), 126(2), 324(4), 307, 191(2), 191(3) and 190 of BNS &
Section 27 of the Arms Act.
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[2025:RJ-JD:4469] (2 of 4) [CRLMB-14076/2024]
Learned counsel for the petitioners does not want to press
the instant criminal bail application qua the petitioner No.2-
Hanuman Das S/o Badri Das, and petitioner No.4- Bhagirath
S/o Badri Das but, he craves leave of the Court to file a fresh
bail application on their behalf after the statements of Jaiveer,
Sandeep and Subash are recorded before the competent criminal
Court.
Accordingly, this instant criminal misc. bail application is
dismissed qua the petitioner No.2- Hanuman Das S/o Badri
Das, and petitioner No.4- Bhagirath S/o Badri Das as not
pressed with liberty prayed for.
Learned counsel for the petitioners submitted that the
petitioners have been falsely implicated in the present case.
Drawing attention of the Court towards the FIR and the challan
papers, learned counsel submitted that an exaggerated version of
the incident which occurred on 16.09.2024 has been put forth by
the complainant. Learned counsel submitted that though as per
the prosecution, at the time of the alleged incident, the accused
persons namely Shankar Das, Bhagirath, Badri Das, Ganesh Das
were carrying country made pistols but during the course of the
investigation, the Investigating Agency has recovered only 1
firearm at the instance of the co-accused- Bhagirath. Learned
counsel further submitted that none other than injured- Subhash
has sustained gun shot injuries.
Lastly, learned counsel contended 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.
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[2025:RJ-JD:4469] (3 of 4) [CRLMB-14076/2024]
Per contra, learned Public Prosecutor as well as learned
counsel for the complainant have vehemently opposed the bail
application. However, they were not in a position to refute the fact
that only 1 fire arm has been recovered at the instance of the co-
accused- Bhagirath. They were also not in a position to refute the
fact that apart from the co-accused- Bhagirath a sharp weapon
has been recovered at the instance of Hanuman Das.
Heard learned counsel for the parties at Bar. Perused the
material available on record.
Having considered the rival submissions, facts and
circumstances of the case, this Court also prima facie finds that
the there is a version and a cross-version of the incident which
occurred on 16.09.2024. An FIR No. 163/2024 has been lodged
also against the complainant party as well. This Court also prima
facie finds that though as per the prosecution, accused persons
have caused fire arm injuries to various persons in the alleged
incident but only 1 fire arm has been recovered by the
Investigating Agency. This Court also finds that the investigation
against the petitioners has already been concluded, the challan
has already been filed before the competent criminal Court; and
the prosecution has also not shown any apprehension of the
petitioners influencing the material prosecution witnesses of the
case or tampering with the evidence or fleeing away from justice,
in case, they are enlarged on bail. Thus, without expressing any
opinion on merits/demerits of the case, this Court is inclined to
enlarge the petitioners on bail.
Consequently, the bail application under Section 439 Cr.P.C.
(483 BNSS) is partly allowed. It is ordered that the accused-
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[2025:RJ-JD:4469] (4 of 4) [CRLMB-14076/2024]
petitioners- (1) Shankar Das S/o Badri Das and (3) Bhani
Das S/o Badri Das, arrested in connection with F.I.R.
No.158/2024, registered at Police Station Bhanipura, District
Churu, shall be released on bail, if not wanted in any other case,
provided each of them furnishes a personal bond of Rs. 50,000/-
and two sureties of Rs.25,000/- 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.
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
25-himanshu/-
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