Veer Singh S/O Shri Dauji vs State Of Rajasthan
2021 Latest Caselaw 6321 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

  S.B. Criminal Miscellaneous Bail Application No. 16346/2021

Veer Singh S/o Shri Dauji, Aged About 26 Years, R/o Atak Ps
Sadar Hindaun City Dist. Karauli Raj. Presently In Sub Jail At
Hindaun City Dist. Karauli Raj.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 16347/2021 Bablu S/o Shri Dauji, Aged About 45 Years, R/o Atak Ps Sadar Hindaun City Dist. Karauli Raj. Presently In Sub Jail At Hindaun City Dist. Karauli Raj.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent S.B. Criminal Miscellaneous Bail Application No. 17280/2021 Samay Singh @ Samma S/o Shri Basanta Ram, R/o Village Gendu Pura, P.s. Sadar, Hindaun City, Dist. Karauli (Raj.) (Presently In Sub Jail At Hindaun City, Dist. Karauli)

----Petitioner Versus State Of Rajasthan, Through P.p

----Respondent S.B. Criminal Miscellaneous Bail Application No. 17647/2021 Ramfal S/o Shri Manohari, R/o Kalli Ka Pura, Patel Nagar, Hindaun City, P.s. Nai Mandi, Hindaun, Dist. Karauli (Raj.) (Presently In Sub Jail At Hindaun City, Dist. Karauli)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor.

----Respondent S.B. Criminal Miscellaneous Bail Application No. 17648/2021

(2 of 6) [CRLMB-16346/2021]

Jaggo W/o (Late) Shri Jiledaar Gurjar, Aged About 65 Years, R/o Village Gendu Pura, P.s. Sadar, Hindaun City, Dist. Karauli (Raj.) (Presently In Sub Jail At Hindaun City, Dist. Karauli)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor.

----Respondent

For Petitioner(s) : Mr.Rajendra Sharma & Mr.Anurag Sharma with Ms.Shreya Hatila For Respondent(s) : Mr.M.S.Saini, PP for State Mr.Vikram Singh Chouhan

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

10/11/2021

These bail applications came to be submitted on behalf of the

petitioners namely (i) Veer Singh (ii) Bablu (iii) Samay Singh @

Samma (iv) Ramfal and (v) Jaggo who are in custody in

connection with FIR No.373/2021 registered at Police Station

Sadar Hindaun City, Distt. Karauli, for the accusation of offences

under Sections 147, 148, 149, 323, 341, 307, 302 IPC.

With the consent of learned counsel for the petitioners,

complainant and the learned Public Prosecutor, all these bail

applications are being heard and decided by this common order as

all arose out of the same FIR as mentioned above.

Brief facts giving rise to the instant bail applications are that

the afore-mentioned FIR came to be lodged wherein it is alleged

by complainant Dinesh S/o Dulli Gurjar that on the fateful day of

the incident i.e. 26.3.2021, when he along with Dulli, Rajaram,

(3 of 6) [CRLMB-16346/2021]

Dayaram, Lokesh and Dinesh were returning back to their home

from their respective agricultural fields, in the mid way, suddenly

the accused persons made an assault over them and caused

several injuries. It is specifically mentioned that accused Mahesh,

Rameshwar, Dhara, Ranjeet, Kalli, Ramphal, Rakat and Vishnu

were yielded with fire arm weapon and as a result of gun shot

injury, deceased Dulli died on the spot. But other persons i.e.

Lokesh, Dayaram, Lokesh S/o Mithann, Dayaram, Rajaram,

Uganti, Bablu, Dashrath, Dilsukh, and Luvkush had also sustained

gun shot injuries. Injured Lokesh S/o Dayaram and Lokesh S/o

Mithann were evaccuated to higher centre, Jaipur as their

condition was deteriorating. Accordingly, the investigation was

commenced and as many as 08 persons were arrested. After usual

investigation, a charge-sheet came to be submitted against them,

while keeping the investigation pending for two accused persons.

SUBMISSIONS IN EACH CASE

Veer Singh's case:

Learned counsel for the petitioner Veer Singh submitted that

he has been falsely implicated in this matter, his name does not

find place in the FIR. He further contended that as per prosecution

story, he was hired for cultivation since he had a tractor. He

further contended that nothing was recovered from his instance.

He drew attention of this court towards the statement of injured

eye witnesses more particularly the prosecution witness Lokesh

S/o Mithann who stated that accused Jaggo and Ramfal were

cultivating the fields with the assistance of present petitioner Veer

Singh.

                                     (4 of 6)                     [CRLMB-16346/2021]



Bablu's case:

Learned counsel for the petitioner Bablu contends that from

the bare perusal of statements of prosecution witnesses more

particularly the injured eye witnesses, it would reveal that the

accused was having a sword in his hand, but no sword has been

recovered from him nor any specific overt act has been attributed

to him. He further contends that a bare perusal of autopsy report

would reveal that none of the injuries received by the deceased

can be caused by a sharp edged weapon like sword. Arguing

further, learned counsel submits that though a lathi said to have

recovered at his instance, but same has neither been found

smeared with blood nor same has been sent for detection and

comparison of blood to the FSL. He strenuously urged that the

cause of death as assigned by the Medical Officers is the multiple

fire-arm injuries, which has specifically attributed to accused

Dhara Singh & Mahesh. It is also submitted that the trial of the

case would likely to take long time, therefore, the petitioner

deserves to be released on bail.

Samay Singh's & Ramfal's case:

Learned counsel appearing on behalf of accused petitioner/s

Samay Singh & Ramfal contends that from the bare perusal of

statements of prosecution witnesses more particularly the injured

eye witnesses, it would reveal that the accused petitioners Samay

Singh & Ramfal were having a sword in their hands, but no

specific overt act has been attributed to them. He further

contends that a bare perusal of autopsy report would reveal that

none of the injuries received by the deceased can be caused by a

sharp edged weapon like sword. Arguing further, learned counsel

(5 of 6) [CRLMB-16346/2021]

submits that allegedly a sword has been recovered from accused

Samay Singh @ Samma and Ramfal, but same has neither been

found smeared with blood nor the same has been sent for

detection and comparison of blood to the FSL. He strenuously

urged that the cause of death as assigned by the Officers is the

multiple fire-arm injuries, which are attributed to other accused.

Learned counsel further contends that not a single witness has

alleged that accused-petitioners Samay Singh and Ramfal had

inflicted any injury to anyone. It is also submitted that the trial of

the case would likely to take long time, therefore, the petitioners

deserves to be released on bail.

Jaggo's case:

Learned counsel appearing on behalf of accused petitioner

Jaggo submitted that the petitioner Jaggo is a lady, nothing was

recovered from her instance. It is prayed that Sec.437 Cr.PC

envisages special provision for bail in respect of female, therefore,

petitioner Jaggo deserves to be enlarged on bail. At last, it has

been argued that since the accused persons have been arraigned

as an accused in this case by fastening vicarious liability, the same

can only be ascertained after the full fledged trial as to whether all

the members of the assembly had a common object and in

furtherance of the common object the offence of murder was

committed, hence they have strong ground for release on bail.

Per contra, learned Public Prosecutor, and learned counsel

appearing on behalf of complainant have vehemently opposed the

bail pleas. However, they contended that apart from killing of

deceased Dulli, 09 persons have also sustained injuries, therefore,

(6 of 6) [CRLMB-16346/2021]

it is not a fit case where concession of bail may be granted to the

accused-petitioners.

Heard learned counsel for the petitioners, learned Public

Prosecutor for the State and the learned counsel appearing on

behalf of the complainant on the prayer for bail. Perused the

material available on record.

After thoughtful consideration, and perusal of the statements

of eye witnesses as well as the submissions made by counsel for

the petitioners coupled with the fact that as per medical opinion,

death of deceased occurred due to multiple fire arm injuries which

were specifically attributed to accused Dhara Singh and Mahesh,

and no other injured have received any injury endangering to life.

Consequently, the bail applications are allowed. It is ordered

that the accused-petitioners namely (i) Veer Singh (ii) Bablu (iii)

Samay Singh @ Samma (iv) Ramfal and (v) Jaggo arrested in

connection with FIR No. 373/2021 P.S. Sadar Hindaun, Distt.

Karauli, shall be released on bail; provided each of them furnish a

personal bond of Rs.50,000/- with two surety bonds of like

amount of Rs.50,000/- 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.

A copy of this order be placed in all the connected files.

(FARJAND ALI),J

SANDEEP RAWAT /23/36-40

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