IMPORTANT POINT
Bail – Prosecution has to play a vital role in assessing threat perception of each and every witness, particularly where there is rivalry due to political or other reason.

ORDER

The bail applications under Section 483 of BNSS are filed by the accused Umesh Kumar (S/o Lokesh Kumar), Ravindra @ Lodiya @ Sonu Kumar (S/o Ranveer Singh), Pradeep Kumar Mangawa (S/o Ranveer Singh), and Ramesh Kumar Mundiwal (S/o Dayanand) seeking bail in FIR No.204/2022 dated 10.9.2022 at P.S. Bagad, Jhunjhunu, for offences under Sections 147, 148, 149, and 302 IPC.

2. Learned counsel for the applicants-accused submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. They further submits that there are no chance of fleeing of applicants-accused from the jurisdiction of this Hon’ble Court. They also submits that the applicants undertake not to repeat offence and cooperate in trial, which will take time.

3. Learned counsels appearing on behalf of applicants submit that it is a case of accident and same was given color a premeditated assault. They further submits that few hours after the accident, a well-planned report was registered by complainant Mahendra Singh wherein he introduced Sanjeev as an eye-witness. He further submits that in the report itself, the complainant has mentioned animosity between the parties which is sufficient to indicate that due to animosity, these petitioners were named for involvement in alleged assault upon Rakesh. They also raised the issue of delay in trial and submits that for one or the other reason the prosecution has delayed the trial and due to delay in trial, the applicants are in custody for almost three years. They also submits that injuries reported on body of Rakesh clearly indicate that it is a case of accident as abrasions and bruises were found on body of Rakesh which is sufficient to draw a conclusion that a case of 304A IPC was given color to offence under Section 302 IPC. They further submits that except the planted witness Sanjeev Kumar, there are no other material on record to consider the story of prosecution of culpable homicide defined under section 300 of IPC. They also referred order dated 18.04.2024 in Bail Application No. 3871/2024, passed by a Coordinated Bench and submits that, on similar footings, Imran @ Mani, who was named in FIR, was granted bail, and on grounds of parity, these applicants are entitled for bail. They also submits that statement of PW-1 Sanjeev Kumar has been completed and now there is no threat to anyone..

4. Learned Counsel for Umesh Kumar submits that, though present applicant is named in FIR, but no specific role for involvement is assigned in FIR. He further submits that if PW-1 Sanjeev Kumar was traveling in car with deceased Rakesh then as a natural course of reaction he would have tried to save Rakesh and further if there is any damage or hit by another car then he would have sustained some injuries but in the instant case not a single injury is found on body of Sanjeev which is sufficient to show that Sanjeev is not an eye-witness rather he was planted by complainant. He also referred the material and submits that deceased Rakesh was having a criminal background and 10 criminal cases were registered against him. He further submits that during investigation, police has sent samples to FSL and the report is received, which is sufficient to draw a conclusion that a concocted case is filed against applicant. At last, he submits that there is one criminal case against applicant-accused and sarne is of only summons’ nature.

5. Learned Counsel appearing for applicant-accused, Pradeep Kumar has referred FIR and charge-sheet and submits that in FIR 10-12 persons were named by complainant but later 17 persons were involved, which is sufficient to indicate that complainant has not only improved his version but to implicate present applicant, he twisted the story of accident and given a color of assault. He further referred credentials against PW1 Sanjeev Kumar and submits that 8 criminal cases are registered against him and his admission c