Bail applications under Section 439 CrPC by two accused arrested for murder and related offences under Sections 147-149, 302, 120-B IPC and Arms Act. Noting they were unnamed in the FIR and initial eyewitness statements, the court enlarged them on bail on personal bonds with sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 563/2024
Rahul S/o Paramveer Singh, Aged About 29 Years, R/o Teen Thok Jaghina Police Station Udyog Nagar, Bharatpur. At Present In Central Jail, Bharatpur.
----Petitioner
Versus
State Of Rajasthan, Through The Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 564/2024 Kripal Singh S/o Shri Ajay Singh, Aged About 20 Years, R/o Tamroli Police Station Udyog Nagar District Bharatpur, At Present Resident Of Rundhiya Nagar, Police Station Kotwali, Bharatpur. At Present In Central Jail, Bharatpur.
----Petitioner
| Versus |
|---|
State Of Rajasthan, Through The Pp
----Respondent
| For Petitioner(s) | : Mr. Harendra Singh |
|---|---|
| Mr. Arslaan Khan | |
| Mr. Dharmendar Choudhary | |
| For Respondent(s) | : Mr. Suresh Kumar, PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
18/01/2024
The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.821/2022 registered at Police Station Mathura Gate, Bharatpur for the offence(s) under Sections 147, 148, 149, 302 & 120-B IPC and Sections 3/25(6) & 27 of Arms Act.
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Learned counsel for the petitioners submits that the accusedpetitioners have been falsely implicated in the case. He further submits that petitioners’ name have not been mentioned in the FIR by Satyaveer Singh (brother of deceased Kirpal Singh). It is also submitted that eye-witnesses Satyaveer Singh, Gaurav Chahar and Lokendra Singh in their statements recorded under Section 161 of the Cr.P.C., just after the incident, have not assigned any role of the petitioners i.e. Rahul & Kirpal Singh. Eyewitness Lokendra Singh in his additional statement recorded after one month of the incident has implicated the present petitioners. Later on, eye-witnesses Pankaj Singh and Aditya Raj Singh have been introduced by the prosecution and in their statements recorded after almost one month of the incident, they have named the accused-petitioners in the alleged crime. It is also argued that coaccused Kuldeep @ Kunwarjeet has already been enlarged on bail vide order dated 10.08.2023 by the Co-ordinate Bench of this Court and other accused Harpal Singh and Vishvendra Singh @ Bittu have also been enlarged on bail by this Court vide order dated 20.12.2023 and the case of the Vishvendra Singh @ Bittu and present petitioners is identical. It is also argued that coaccused Mona @ Murdhwaj, who was alleged to be involved in the crime but police after investigation did not find his involvement in the case. In the statements of eye-witnesses recorded under Section 161 of Cr.P.C., Mona @ Murdhwaj has also been assigned as one of the culprit. Though firearms were recovered from the present petitioners but it is not related to the alleged incident. The petitioners are in custody since 11.09.2022 (petitioner-Rahul) & 07.10.2022 (petitioner-Kirpal) respectively and the trial of the case
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will take considerable time. Therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposes the bail applications. Learned Public Prosecutor submits that co-accused Kuldeep @ Kunwarjeet was enlarged on bail on medical grounds and against Mona @ Mordhwaj after filing the negative final report, the learned trial court has taken cognizance of the offence. The presence of the present petitioners at the place of occurrence is evident from the statements of eye-witnesses Lokendra Singh, Pankaj Singh and Aditya Raj Singh. Thus looking to the gravity of the offence, the bail applications of the accused-petitioners may be dismissed.
I have considered the arguments advanced by the parties.
According to the FIR, the firearm injuries to the deceased were caused by Kuldeep @ Kunwarjeet, Vijaypal @ Bhura, Mona Santhra, Prabhav Singh @ Bhola, Kaushal Hantra, Sudhanshu Gaur, Sher Singh & Yograj @ Tinku. In the initial statement of Satyaveer, Gaurav and Lokendra Singh, recorded under Section 161 of the Cr.P.C, they have not stated the names of the accusedpetitioners. The accused-petitioners have also not been named in the FIR lodged by Satyaveer Singh and against the co-accused Mona @ Mordhwaj negative final report was submitted.
At this stage, it is not desirable to comment anything on the merit/demerits of the case. Considering the fact that both the petitioners were not named in the FIR and in the initial statements of eye-witnesses Satyaveer, Gaurav and Lokendra Singh, I deem it just and proper to enlarge the accused-petitioners on bail.
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Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners 1. Rahul S/o Paramveer Singh and 2. Kripal Singh S/o Shri Ajay Singh arrested in connection with FIR No.821/2022 registered at Police Station Mathura Gate, Bharatpur shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- (Rupees One Lac only) with two sureties of Rs.25,000/(Rupees Fifty Thousand only) each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
12-13-Rahul
1 issue framed by the court
Whether the accused-petitioners, not named in the FIR or in initial Section 161 statements of eyewitnesses, should be enlarged on bail under Section 439 Cr.P.C.
4 provisions across 3 enactments
Rahul S/o Paramveer Singh
State Of Rajasthan, Through The Pp
Kripal Singh S/o Shri Ajay Singh
State Of Rajasthan, Through The Pp
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
