Ram Chandra vs State
2021 Latest Caselaw 2337 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1128/2020

Ram Chandra S/o Mohan Lal, Aged About 37 Years, B/c Jat, R/o Chak 29, D.w.d., Police Station Rawatsar, District Hanumangarh (At Present Lodged In Sub Jail, Nohar).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Deepak Menaria
                               Mr. Mohd. Rasheed
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP
For Complainant(s)       :     Mr. Manjeet Godara



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

28/01/2021

Heard the learned counsel for the parties and perused the

material available on record.

The petitioner has been arrested in FIR No. 483/2018 of

Police Station Rawatsar, District Hanumangarh for the offences

punishable under Sections 302, 307, 109, 120-B IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner is in custody from 26.09.2018. It is submitted that the

allegation against the petitioner is to the effect that he along with

other co-accused persons hatched a criminal conspiracy to

eliminate deceased Harveer Singh Saharan. It is also submitted

that from the perusal of the charge-sheet as well as the

statements of the prosecution witnesses recorded before the trial

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court till date, it is clear that the prosecution has failed to produce

any evidence which suggests that the petitioner was a member of

the group, which hatched conspiracy to eliminate the deceased. It

is further submitted that only evidence available against the

petitioner is to the effect that he was in regular contact with co-

accused Mahendra Poonia, however, that cannot be termed as

unusual because Mahendra Poonia was the Chairman of

Hanumangarh Central Co-operative Bank whereas, the petitioner

was also a director of the same and in such circumstances, it is

but natural that the petitioner was in regular contact with co-

accused Mahendra Poonia. It is further submitted that in the

absence of any concrete evidence against the petitioner, he is

entitled to be enlarged on bail because trial of the case will take

time.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail application and

submitted that from the material produced by the police along

with the charge-sheet, it is clear that the petitioner was active a

member of the group, which hatched conspiracy to eliminate

deceased Harveer Singh Saharan, which resulted into his cold

blooded murder in the court premises in the broad day light. It is

further submitted that the petitioner and other co-accused

persons namely Ramniwas and Mahendra Poonia have arranged

elimination of their political rival deceased Harveer Singh Saharan

and the petitioner along with those persons have acted in common

intention to commit the crime and taking into consideration the

above facts and circumstances of the case, the petitioner is not

entitled to be enlarged on bail as there is all possibility that after

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releasing on bail, he may influence prosecution witnesses to help

out the other co-accused persons.

Having regard to the totality of the facts and circumstances

of the case and looking to the nature of accusation and gravity of

the offence, without expressing any opinion on the merits of the

case, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioner.

Accordingly, the bail application preferred by the petitioner

under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Surabhii/3-

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