Ganesh Singh vs State Of Rajasthan

Kuldeep Mathur, J

The instant bail application has been filed by the petitioner under Section 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.71/2021 registered at Police Station Seruna, District Bikaner, for the offences under Sections 302, 201, 120-B of IPC.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case. Learned counsel for the petitioner submitted that the co-accused-(1).Lal Singh S/o Manohar Singh, (2). Kan Nath S/o Mam Raj Nath and (3). Smt. Sanju Kanwar W/o Shri Raghuveer Singh against whom there was an allegation of committing murder of the deceased have already been enlarged on bail by a co-ordinate Bench of this Court vide orders dated 20.01.2023, 01.12.2022 and 20.12.2021 respectively in S.B. Criminal Misc. Bail Application Nos.15610/2022, 15328/2022 and 16305/2021 respectively.

Learned counsel for the petitioner submitted that the allegation upon the present petitioner is of conspiring with the co-accused for eliminating the deceased. Further in view of the fact that the co-accused have already been enlarged on bail and the case of present petitioner is not worse than that of the co-accused, the petitioner deserves to be enlarged on bail. The accused-petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail should be granted to the accused-petitioner. For ready reference orders dated 20.01.2023, 01.12.2022 and 20.12.2021 are reproduced here in below:-

“20.01.2023:-

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.71/2021,Police Station Seruna, Bikaner for the offences under Sections302, 201 and 120-B of the Indian Penal Code.

Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

Learned counsel for the petitioner submits that a Coordinate Bench of this Court has enlarged co-accused Bhawani Singh (S.B.Criminal Misc. 2nd Bail Application No.14836/2022) and Kan Nath(S.B. Criminal Misc. 2nd Bail Application No.15328/2022) videorders dated 22.11.2022 and 01.12.2022 respectively and thecase of the petitioner is not worse than the case of Kan Nath and Bhawani Singh.

Learned counsel further submits that all the three witnesses, which have been examined before the competent criminal court,have been declared hostile.

Learned Public Prosecutor vehemently opposed this bail application.

Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of thecase, this Court is of the opinion that the bail application filed bythe petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439Cr.P.C. is allowed. It is ordered that petitioner Lal Singh S/o Shri Manohar Singh arrested in connection with FIR No.71/2021, P.S.Seruna, Bikaner shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on alldates of hearing and as and when called upon to do so.

01.12.2022:-

The petitioner has been arrested in connection with F.I.R.No.71/2021 of Police Station Seruna, District Bikaner for the offence punishable under Sections 302, 201, 120-B IPC. He has preferred this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed as not pressed on 04.03.2022 with liberty to file afresh after recording the statements of Hadman, Kushal Singh & Bhagirath Nath.

Counsel for the petitioner submits that now all the three witnesses have been examined before the Court and they have been declared hostile. Further similarly situated co-accused Bhawani Singh has already been enlarged on bail by this Court. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the second bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kan Nath S/o Mam RajNath, shall be released on bail in connection with FIR No.71/2021of Police Station Seruna, District Bikaner provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

20.12.2021:-

Heard learned counsel for the parties and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No.71/2021 of Police Station Seruna (Sudsar), Distt.Bikaner for the offence(s) punishable under Section(s)302, 201 and 120-B IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Iti s argued that allegation against the petitioner of entering into a criminal conspiracy with co-accused Ganesh Singhto eliminate the deceased is absolutely false. Learned counsel has submitted that simply on the basis of some call details, it cannot be said that the petitioner had conspired with the co-accused and committed the offence. It is further submitted that the police has only collected circumstantial evidence to connect the petitioner with the commission of crime, however, that too is not conclusive and is a very weak type of evidence. Learned counsel has submitted that the petitioner is a lady; charge-sheet has been filed and trial of the case is likely to take time. Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Smt. Sanju Kanwar W/o Shri Raghuveer Singh shall be released on bail in connection with FIR No.71/2021 of Police Station Seruna (Sudsar), Distt.Bikaner provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.”

Per contra, learned Public Prosecutor has opposed the bail application.

Heard. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Ganesh Singh S/o Narayan Singh shall be enlarged on bail in connection with FIR No.71/2021 registered at Police Station Seruna, District Bikaner, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.