Teja Ram And Others vs State Of Rajasthan And Others

Dinesh Mehta, J

Both the bail applications have been filed by the applicants under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 168/2023 registered at Police Station Sadar, District Pali for the offences under Sections 147, 323, 307/149, 302/149 of Indian Penal Code.

Learned counsel for the applicants argued that there is substantial change in the written complaint lodged by the complainant and the statement given under Section 161 Cr.P.C. before the investigating officer. Learned counsel argued that initially the First Information Report was lodged complaining that one Mangi lal Ghanchi gave a blow with the pipe on the head of Jagdish, due to which he got severely injured, whereas subsequently said version has been changed and story portrayed that one Bhanwar lal, who was driving the Alto Car had hit the deceased (Jagdish) who succumbed to injuries sustained on account of such blow. While highlighting the discrepancies in the complainant's version, learned counsel submitted that even if the best case of the prosecution is accepted, the allegation is, against the main accused Bhanwar Lal, who was driving the Car and the applicants who are simply alleged to have instigated the main accused Bhanwar Lal cannot be kept behind bars.

Learned Public Prosecutor opposing the bail application submitted that the applicants were part of the group which fought with the complainant family/group which drove Alto Car over Jagdish, due to which he passed away.

Having regard to the facts and circumstances of the case and upon perusal of the relevant material on record including the FIR and the statement of eyewitnesses (Bhima Ram and Wagha Ram) who clearly deposed that Bhanwar Lal drove the Car at a high speed and ran over the deceased. This Court is of the prima-facie opinion that in absence of any direct allegation of causing injury to the deceased (Jagdish), the present applicants, who are behind the bars since 05.07.2023 cannot be kept in judicial custody for an indefinite period, particularly when the chage-sheet has been filed and no investigation remains pending.

In view of the aforesaid, this Court is inclined grant bail to the accused-applicants under Section 439 Cr.P.C..

Consequently, both the bail applications filed under Section 439 Cr.P.C. are allowed. The applicants (1) Teja Ram S/o Heera Ram, (2) Prabhudayal S/o Gulabchand and (3) Ramlal @ Ramaram S/o Shri Peeraram arrested in connection with the FIR No. 168/2023 registered at Police Station Sadar, District Pali shall be released on bail on furnishing personal bond each in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.