Jagat Singh @ Jagatpal vs State Of Rajasthan

Vinit Kumar Mathur, J

The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.290/2018, Police Station Jawahar Nagar, District Sri Ganganagar for the offences under Sections 147, 148, 149, 302, 460, 120-B of Indian Penal Code and under Sections 3/25, 27 of Arms Act.

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

Learned senior counsel for the petitioner submits that first bail application of the petitioner was dismissed vide order dated 11/01/2021 with the liberty to file fresh bail application after recording the statements of material prosecution witnesses before learned trial Court. Thereafter, the second bail application was dismissed by this Court vide order dated 15/03/2022 with a direction to the learned trial Court to expedite the trial proceedings by recording the statement of material prosecution witnesses at the earliest. However, after expiry of almost one year and one month, not a single witness has been examined by learned trial Court. Learned Senior Counsel submits that as per the statement of Sajid Khan recorded under Section 161 CrPC, the petitioner has not been named. Learned Senior Counsel further submits that as per the CD of the CCTV Footage prepared by the police, the petitioner is not reflected in the same. He further submits that the petitioner has suffered incarceration for more than four years and nine months. He, therefore, prays that the bail application of the petitioner may be allowed and the petitioner may be enlarged on bail.

This Court on earlier two occasions while rejecting the bail applications of the petitioner vide orders dated 11/01/2021 and 15/03/2022 respectively has specifically ordered for recording the evidence of the prosecution witnesses, however, till date not even a single witness has been examined by learned trial Court so far. In these circumstances, this Court after hearing learned senior counsel for the petitioner directed the Investigating Officer to remain present before this Court.

The Investigating Officer of the case Mr. Prashant Kaushik, Dy. Superintendent of Police, Range, Bikaner is present before this Court.

On a pointed query being raised by the Court to the Investigating Officer, he stated that as per the footage in the CCTV, the petitioner is not reflected and three persons who went inside the gym were identified as Ankit, Akshey and Hardeep Singh.

However, learned public prosecutor submits that the petitioner was actively involved with commission of the offence and, therefore, has opposed the bail application.

I have considered the submissions made at the bar and have gone through the relevant fact that there is no direct evidence on record which shows that the fatal injuries were caused by the present petitioner and even in the statement of Sajid Khan recorded under Section 161 Cr.P.C., the petitioner has not been named. The clinching evidence in the shape of CCTV Footage, three persons who went inside the gym where the incident stated to have occurred are Ankit, Akshey and Hardeep Singh.

In this view of the matter and more particularly the fact that the petitioner has suffered incarceration for almost five years and not a single witness has been examined before learned trial Court despite directions having been issued by this Court, this Court is of the opinion that the third bail application filed by the petitioner deserves to be accepted.

Consequently, the third bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Jagat Singh @ Jagatpal S/o Kuldeep Singh arrested in connection with F.I.R. No. 290/2018, Police Station Jawahar Nagar, District Sri Ganganagar shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.