Rajasthan High Court - Jodhpur
Jitendra Padiyar vs State Of Rajasthan (2024:Rj-Jd:445) on 4 January, 2024
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2024:RJ-JD:445]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Criminal Misc. Bail Application No. 15495/2023
Naresh S/o Shri Roshan Lal Khatik, Aged About 25 Years, R/o
Sargaon, Gangapur P.S., District Bhilwara At Present Residing As
Tenant, House Of Udai Lal Khatik, Sidhi Vinayak Kamakan
Subhash Nagar P.S., Bhilwara, District Bhilwara
(Lodged In Dist. Jail, Bhilwara)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Rajendra S/o Mohan Lal Yadav, R/o Moti Nagar, Nearby
Brightland School, Moti Nagar, Subhash Nagar P.S.,
Bhiwara, District Bhilwara.
----Respondents
Connected With
(2) S.B. Criminal Misc. Bail Application No. 11951/2023
Jitendra Padiyar S/o Devkaran, Aged About 27 Years, R/o-
Meghras, Police Station, Banera, District Bhilwara, Currently
Residing At House No. 38, Jain Jyoti Colony, Sanganer Road,
Police Station Subhash Nagar, District Bhilwara (Raj.).
(Presently Lodged At District Jail Bhilwara)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Rajendra Yadav S/o Mohan Lal Yadav, R/o Moti Nagar,
Near Briteland School, Police Station Subhash Nagar,
District Bhilwara (Raj.).
----Respondents
(3) S.B. Criminal Misc. Bail Application No. 13561/2023
Babu Lal S/o Kanhaiya Lal Basita, Aged About 42 Years, R/o-
Near Shamshan Ghat, Jawahar Nagar, P.S. Pratapnagar, District
Bhilwara.
(At Present Lodged In Dist. Jail, Bhilwara)
----Petitioner
Versus
1. The State Of Rajasthan, Through Pp
2. Rajendra Yadav S/o Mohan Lal Yadav, R/o- Moti Nagar,
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Near Brite Land School, Subhashnagar, Bhilwara.
----Respondents
For Petitioner(s) : Mr. Raghuveer Singh Chundawat
Mr. Neeraj Kumar Gurjar
Mr. Shiv Singh for Mr. Dinesh Bishnoi
For Respondent(s) : Mr. Mahipal Bishnoi, Public Prosecutor
Mr. JVS Deora, for the complainant
JUSTICE DINESH MEHTA
Order
04/01/2024
1. These three bail applications have been filed by the
applicants under Section 439 of the Code of Criminal Procedure,
seeking regular bail in connection with the FIR No. 357/2023
registered at Police Station Subhash Nagar, District Bhilwara for
the offences punishable under Sections 147, 149, 302/34 of
Indian Penal Code, 1860 and Section 4/25 of Arms Act, 1959
(Amended 2019).
2. Learned counsel for the applicants submitted that the basic
allegation of giving knife blows is admittedly on co-accused Harish
Khatik and as per case set up by the prosecution, the allegation
against the present applicants is that they caught hold the
deceased - Ajay Yadav in order to facilitate the principal accused
Harish Khatik to inflict knife blows.
3. Learned counsel took the Court through the statement of
eyewitnesses namely Rajendra Yadav and Narayan Bairwa
recorded under Section 161 Cr.P.C. and submitted that at the time
of giving statement under Section 161 Cr.P.C., both of them had
reiterated the version given in the First Information Report,
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whereas, in the statement recorded under Section 164 Cr.P.C.,
they have changed their version. Learned counsel highlighted that
Rajendra Yadav and Narayan Bairwa have deviated from their
earlier version that the applicants had caught hold the deceased.
4. Learned Public Prosecutor vehemently opposed the bail
application by contending that without the help of present
applicants, it was not possible for the main accused Harish Khatik
to have caused four knife blows on the person of the deceased.
5. Learned counsel for the complainant also vehemently
opposed the bail application with almost similar arguments.
6. Heard learned counsel for the parties and perused the
material available on record.
7. It is to be noted that both the eyewitnesses - Rajendra
Yadav and Narayan Bairwa in their statements under Section 161
Cr.P.C. echoed the version given in the First Information Report,
whereas at the time of recording staement under Section 164
Cr.P.C., the assertion that the present applicants had held the
deceased with hands had not been made.
8. That apart, on perusal of the Post Mortem Report, more
particularly the injuries inflicted upon the person of the deceased,
this Court finds that four injuries with knife have been inflicted
upon the deceased, as under:
(i) Stab wound is present over mid chest anteriorly
obliquely placed upper left end is situated 13 cms below
jugular notch at midline and is acute and lower outer
right end is 15.5 cms below jugular notch. It is of size
4.1 cms x 0.8 cms x chest cavity deep with beveling is
seen in upper part and fist tailing over lower outer edge
with abrasion 1 x 0.3 cms noted.
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(ii) Grazed abrasion over lower part of right side chest
noted 3 cms below nipple of size 7x2.5 cms horizontally
placed.
(iii) Incised wound on right cubital fossa 0.7 x 0.2 cms.
(iv) Chop wound is seen over right thumb base inner to
outer part of size 3.5 x 0.8 cms x muscle and tendon
deep."
9. In the prima facie opion of this Court, had the applicants
caught hold the deceased with hands, perhaps all the blows which
the principal accused had inflicted, ought to have been on the vital
parts of the body of the deceased. More particularly, the injuries
on the elbow and palm of the deceased would not have been
possible.
10. Afore view is further fortified by the fact that no blood stains
have been found on the clothes of the applicants. If the story of
the complainant were correct, then the applicants' clothes must
have got some blood stains, particularly when the deceased had
suffered four knife blows.
11. As a consequence of discussion foregoing, this Court is of the
view that the applicants' prosecution maybe justified under
Section 120-B of IPC, but their indefinite incarceration is not
warranted.
12. Consequently, all the three bail applications filed under
Section 439 of the Code of Criminal Procedure is allowed. It is
ordered that the applicants (1) Naresh S/o Shri Roshan Lal
Khatik; (2) Jitendra Padiyar S/o Devkaran; and (3) Babu
Lal S/o Kanhaiya Lal Basita, arrested in connection with FIR
No. 357/2023 registered at Police Station Subhash Nagar, District
Bhilwara shall be released on bail; provided that they execute
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personal bond in the sum of ₹50,000/- each and two sureties of
₹25,000/- each to the satisfaction of the learned trial Court.
13. Applicants shall be required to appear before that Court on
all dates of hearing and as and when called upon to do so.
14. 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.
(DINESH MEHTA), J.
73-74-76-Mak/-
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