Ramjeevan And Others vs State Of Rajasthan

Kuldeep Mathur, J

These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.63/2021 registered at Police Station Dhorimanna, District Barmer, for offences under Sections 147, 148, 341, 323, 325, 302/120-B IPC.

As per prosecution, complainant- Chaina Ram submitted a written report stating inter alia that on 26.02.2021, at around 8pm, he along with Nemi Chand, Jaswant, Om Prakash, Nena Ram was going home in a Bolera car. At that moment, two strangers with their faces covered boarded the vehicle by asking the occupants of the vehicle for a lift. When the vehicle reached near the farm (Bera) of Kaluram son of Chainaram Bishnoi, these strangers stopped the vehicle and removed the keys of the vehicle. Thereupon, they were surrounded by Deva Ram, Hanuman, Harish, Udaram, Farsa Ram, Shankara Ram, Megha Ram, Pema Ram, Mohan Lal and 5 other persons. All these persons were armed with lathis and sharp weapons and started brutally attacking/assaulting one Nena Ram and other occupants of Bolero. In the aforesaid attack, Nena Ram succumbed to the injuries while undergoing treatment in a hospital whereas Jaswant, Om Prakash and complainant sustained injuries.

Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case. Learned counsel further submitted that the petitioners have not been named in the FIR. Learned counsel submitted that there is no evidence showcasing involvement of the petitioners in the commission of alleged crime.

Learned counsel submitted that statements of the complainant- Chaina Ram and Nemi Chand have been recorded before competent criminal court as PW-1 and PW-2 on 20.04.2022 and 25.04.2022 respectively wherein Chaina Ram (PW-1) has stated that initially the petitioners were not identified by him but later on, they have been identified by Nemi Chand (PW-2), who in his statements has stated that he came to know about the name of petitioner- Sarwan from his relatives. Learned counsel submitted that in view of aforesaid statements, it cannot be conclusively said that the petitioners were either involved in the commission of crime or had been identified by the eye-witnesses.

Learned counsel submitted that the petitioners have been involved in the present case due to some disputes between the parties; the petitioners are in custody since 08.04.2023 and 25.05.2021 respectively; trial likely to take time; no recovery is due to be made from the petitioners; no fruitful purpose would be served by keeping the petitioners behind the bars for an indefinite period.

On these grounds, learned counsel prayed that the petitioners may be enlarged on bail by this Court.

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

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

Having considered totality of facts and circumstances of the case, this Court prima facie finds that the FIR was lodged against Deva Ram, Hanuman, Harish, Uda Ram, Farsa Ram, Shankar Ram, Megha Ram, Pepa Ram, Mohan Ram and five unnamed persons. However during the course of investigation, the names of the petitioners have been revealed. In the FIR, it has been alleged that accused persons were heavily armed and had brutally beaten the deceased in a pre-determined manner. In the alleged incident, one person succumbed to the injuries, whereas other occupants of the Bolero Camper accompanying deceased have sustained injuries. The statements of the eye-witnesses namely Chaina Ram (PW-1) and Nemi Chand (PW-2) have been recorded before competent criminal court in which they have named the petitioners as assailants in the alleged incident.

In the prima facie opinion of this Court, once the petitioners have been named by the injured- eye witness of the incident as assailants in their court statements, it would not be safe for this Court to examine in detail the individual role of the accused persons, more particularly when the petitioners and co-accused persons have been charged for the offences punishable under Section 302, 341, 323 and 325 read with Section 149 IPC.

The present bail applications in view of aforesaid discussion are dismissed at this stage.

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.