Rajasthan High Court - Jodhpur
Harsh Kumar @ Hardik @ Pinku vs State Of Rajasthan (2024:Rj-Jd:28139) on 10 July, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:28139]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7611/2024
Harsh Kumar @ Hardik @ Pinku S/o Late Shri Jayaesh Bhai,
Aged About 22 Years, R/o Bileshwarpura, Thana Kalol, Taluka
Dist. Gandhinagar, Gujrat (Presently Lodged In Dist. Jail, Sirohi)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order 10/07/2024
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
S.No. Particulars of the Case 1. FIR Number 82/2023 2. Concerned Police Station Mount Abu 3. District Sirohi 4. Offences alleged in the FIR Under Sections 302 and 114 of the IPC 5. Offences added, if any Section 4/25 of the Arms Act
6. Date of passing of impugned 04.04.2024 order
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in (Downloaded on 19/07/2024 at 09:34:14 PM) [2024:RJ-JD:28139] (2 of 4) [CRLMB-7611/2024] the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by both the parties and have perused the material available on record. Co-accused Haresh Bhai has already been enlarged on bail by this Court vide order dated 01.02.2024 passed in S.B. Criminal Appeal (Sb) No.142/2024. The relevant part of the said order is being reproduced here under:-
"The eye-witness account of the incident is not available on record and the case of the prosecution mainly and wholly hinges upon some circumstances put forth on record. However, none of them are definite in tendency and conclusive in nature and the material brought on record do not unerringly pointing towards the guilt of the accused. After conducting thorough investigation, the police agency filed a report under Section 173 Cr.P.C. in the form of charge sheet and the conclusion reached by the Investigating Officer is very much relevant for consideration of the instant bail application. The relevant part of which deemed appropriate to reproduce herein under:-
izdj.k gktk esa lEiw.kZ vuqla/kku c;ku xogku] e`rd Hkkos"k ds iapukek QnkZr] ,evks }kjk fn;s x;s e`R;q ds dkj.k rFkk i=koyh ij miyC/k reke lk{;ksa dk fo"ys'k.k djus ls ;g ik;k x;k fd izkFkhZ Jh Hkh[kkHkkbZ (Downloaded on 19/07/2024 at 09:34:14 PM) [2024:RJ-JD:28139] (3 of 4) [CRLMB-7611/2024] dk iksrk Hkkos"k lsuek vius nksLr g'kZ dqekj mQZ gkfnZd okYehdh] gjs"kHkkbZ gfjtu] Jo.k dqekj iztkifr o vjfoan Bkdksj ds lkFk vius xkao fcys"ojiqjk ls ekmaV vkcw fnukad 23-08-2023 dks ?kqeus ds fy;s vk;s Fks rFkk fnukad 23-08-2023 dks jkr esa le; djhc 02%35 ,,e ij gksVy vejukFk ekapxkao ekmaV vkcw igq¡ps rFkk jkf= esa gksVy vejukFk esa ,d dejk fdjk;s ij ysdj :ds Fks rFkk fnukad 23-08-2023 dks lqcg gksVy ls le; djhc 11%00 ,,e ij ?kqeus ds fy;s fudy x;s Fks rFkk fnuHkj ekmaV vkcw esa ?kqes rFkk lHkh us feydj "kjkc Hkh ih rFkk "kke ds le; djhc 07%00&07%30 ih,e ij okil ?kj tkus ds fy;s ekmaV vkcw ls jokuk gq;s Fks rFkk chp jkLrs esa 08%00&08%30 ih,e ij Nhikcsjh lqulku taxy esa Hkwrs"oj egknso eafnj eas xkatk fpye ihus ds fy;s lHkh tus :ds Fks rFkk Hkwrs"oj eafnj esa fpye ih Fkh] lHkh tuks ds }kjk "kjkc o xkatk dk u"kk dj ysus ls u"ks dh gkykr esa vkil esa fdlh ckr dks ysdj cksypky gks tkus ls g'kZ dqekj mQZ gkfnZd mQZ fiadw us vius lkFkh Hkkos"k lsuek dks tku ls ekjus ds fy;s mlds ihB esa tksj ls pkdw ?kksai fn;k] ftlls mlds ihB ls [kwu cgus yxk] rc Hkkos"k lsuek dks eqyfte g'kZ dqekj mQZ gkfnZd mQZ fiadw vius vU; lkFkh gjs"k HkkbZ gfjtu] Jo.k dqekj iztkifr] vjfoan Bkdksj ds lg;ksx ls viuh flQV dkj ua- thts 18 ch,l 1023 esa Mkydj fcuk iqfyl dks lqpuk fn;s dkyksy ysdj pys x;s Fks] ftl ij Hkkos"k lsuek ds pkdw dh pksV ekjus ls vf/kd [kwu cg tkus ls e`R;q gksuk ik;k x;k gSA
6. In view of the above and upon consideration of the fact that co-accused Arvind Thakor S/o Shri Dhiraji has been released on bail vide order dated 09.01.2024 passed in S.B. Criminal Appeal (Sb) No.2630/2023, thus, on the ground of parity and looking to the fact that early culmination of the trial is not a seeming fate, (Downloaded on 19/07/2024 at 09:34:14 PM) [2024:RJ-JD:28139] (4 of 4) [CRLMB-7611/2024] concession of bail ought to have been granted in favour of the petitioner."
5. In view of the above and considering that the case of the prosecution entirely and mainly rests upon the confessions made before a Police Officer, it is felt apt to take lenient view for bail. May be that somewhere a confession is noted that the petitioner inflicted several injuries to the deceased, however, it was a confession before a Police Officer while in police custody. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
6. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J 114-divya/-
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