Hukmi Chand vs State Of Rajasthan
2023 Latest Caselaw 5055 Raj

[2023/RJJD/016574]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1714/2023

Hukmi Chand S/o Budharam, Aged About 22 Years, B/c Gurjar, R/o Laxmi Nagar, Deedwana Byepass, Nagaur, P.s. Kotwali, Nagaur, Dist. Nagaur (Raj.).

(Lodged In The Sub Jail Parbatsar, Nagaur).

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1396/2023 Sunil S/o Devilal Ji, Aged About 23 Years, R/o Karani Colony, Rathodi Kua, Nagaur.

(Presently Lodged At Dist. Jail, Nagaur)

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

                                                                 ----Respondent


For Petitioner(s)         :     Dr. Harish Purohit.
                                Mr. Shashank Sharma.
                                Mr. Mangilal Bishnoi.
For Respondent(s)         :     Mr. Mahipal Bishnoi, P.P.


            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                     Order

23/05/2023

The present bail applications have been filed by the

petitioners under Section 439 Cr.P.C. who have been arrested in

connection with F.I.R. No.107/2022, registered at Police Station

Sribalaji, District Nagaur, for the offences punishable under

Sections 147, 148, 149, 302 & 201 IPC.

[2023/RJJD/016574] (2 of 5) [CRLMB-1714/2023]

As per prosecution story, on 08.07.2022, an unidentified

body was found near Doliya Taal in Village Unthawalia which had

injuries on the face and knee, with blood oozing out from the

body. During the investigation, body was identified to be of one

Deepa Ram Jat. The investigating agency after making through

investigation into the matter arrested the present petitioners and

co-accused Nathu Ram Gurjar and Vijay @ Vijju for commission of

alleged crime.

Drawing attention of the Court towards FIR, learned counsel

submitted that the petitioners have not been named in the FIR

and there is no eye witness of the incident. Further attention of

the Court was drawn towards charge sheet dated 09.11.2022

submitted by investigating agency before competent criminal court

and it was submitted that there is no incriminating material

available on record showing involvement of the petitioners with

the commission of offences. Learned counsel submitted that there

is no evidence of motive against the petitioners. Learned counsel

submitted that since the case against petitioners hinges on

circumstantial evidence only, the prosecution is required to prima

facie prove complete chain of incriminating circumstances linking

the petitioners with the alleged crime.

Lastly, learned counsel submitted that as per prosecution,

there are call details sans the transcript, between petitioner-

Hukmi Chand and co-accused Bharat Soni. Also, there is recovery

of one iron pipe used for commission of alleged murder, from the

house of co-accused Bharat Soni, as per the information provided

by petitioner- Hukmi Chand under Section 27 of Indian Evidence

[2023/RJJD/016574] (3 of 5) [CRLMB-1714/2023]

Act.

It was submitted that similarly, there are call details between

petitioner - Sunil and co-accused Bharat Soni along with recovery

of one iron rod, concealed in the bushes of Julifora at Saranwas

Road at the instance of petitioner- Sunil under Section 27 of

Indian Evidence Act.

Relying upon the judgments of Hon'ble Supreme Court in the

case of Bharat Chaudhary vs. Union of India reported in 2021

SCC Online SC 1235 and Hon'ble Gujarat High Court in the case

of Yash Jayesbhai Champaklal Shah vs. State of Gujarat

reported in 2022 SCC Online Guj 271, learned counsel

submitted that in absence of recording of conversations

exchanged between the accused persons, the same cannot be

treated as corroborative material sufficient to establish a live link

between them.

Learned counsel further submitted that the place, from

where recovery of the iron pipe was effected, at the instance of

the petitioner- Hukmi Chand, was rented premises of co-accused

Bharat Soni while recovery of iron rod at the instance petitioner -

Sunil was made from an open place, thus, the recoveries at the

instance of the petitioners cannot be said to be within their

exclusive knowledge. Learned counsel claimed that the recoveries

shown on the basis of the information of the petitioners are

manipulated/planted evidence by the investigating agency.

Learned counsel submitted that the accused-petitioners are in

judicial custody since August 2022 and the trial of the case is

likely to take sufficiently long time, therefore, the benefit of bail

[2023/RJJD/016574] (4 of 5) [CRLMB-1714/2023]

should be granted to them.

Learned Public Prosecutor opposed the bail application and

submitted that the petitioners had brutally murdered deceased

Deepa Ram Jat. It was vehemently submitted that sufficient

corroboratory evidence in form of telephone calls and recoveries

are available on record, which are sufficient to indicate that the

petitioners not only conspired with co-accused persons but had

also played an active role in the commission of offence. He thus,

prayed that the petitioners do not deserve indulgence of bail by

this Court.

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record.

Having considered rival submissions and perused the challan

papers, this Court prima facie finds that the petitioners have been

implicated in the present case solely on the basis of circumstantial

evidence; the recoveries have not been effected from places which

were in exclusive knowledge of the petitioners; the charge sheet

does not suggest that the circumstantial evidence available

against the petitioners are of definitive character; there is no

evidence of motive against the petitioners. This Court is thus,

inclined to enlarge the petitioners on bail.

Accordingly, the bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners Hukmi

Chand S/o Budharam and Sunil S/o Devilal Ji shall be

released on bail in connection with F.I.R. No.107/2022, registered

at Police Station Sribalaji, District Nagaur provided each of them

executes a personal bond in a sum of Rs.50,000/- with two sound

[2023/RJJD/016574] (5 of 5) [CRLMB-1714/2023]

and solvent sureties of Rs.25,000/- each to the satisfaction of

learned trial court for their appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

It is made clear that the Court has not entered into the

merits of the case and none of the observations herein, by itself,

would operate prejudicial to the interests of the parties nor shall

have any bearing on the final verdict by the Trial Court.

(KULDEEP MATHUR),J prashant/-

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