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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR, J.
Kundan Ramawat S/o Shri Bhanwarlal Swami – Appellant
Versus
State Of Rajasthan, Through PP - Respondent
S.B. Criminal Miscellaneous 3rd Bail Application No. 2109/2024
Decided on : 22-03-2024
Bail - Criminal Procedure - Section 439 Cr.P.C. - The court discussed the provisions of Section 439 Cr.P.C. regarding bail, emphasizing the seriousness of the charges and the evidence against the petitioner, ultimately leading to the rejection of the bail application.
Fact of the Case:
The petitioner was arrested for serious offences including murder and attempted murder, following a violent incident involving multiple assailants. The petitioner claimed false implication due to political rivalry and argued for bail based on lack of evidence linking him to the crime.
Finding of the Court:
The court found substantial evidence against the petitioner, including eyewitness accounts and medical reports indicating grievous injuries inflicted during the incident, which justified the denial of bail.
Issues: Whether the petitioner should be granted bail considering the severity of the charges and the evidence presented against him.
Ratio Decidendi: The court held that the nature of the allegations, the brutality of the crime, and the evidence presented did not warrant bail, as the petitioner was part of an unlawful assembly involved in a premeditated attack.
Result: The third bail application under Section 439 Cr.P.C. is rejected.
ORDER :
KULDEEP MATHUR, J.
1. This third application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.254/2020 registered at Police Station Nokha, District Bikaner, for offences under Sections 302, 307, 323, 341, 147, 148, 149, 427, 325 and 120-B IPC.
2. The second bail application (S.B. Criminal Misc. 2nd Bail Application No.8692/2023) preferred on behalf of the petitioner was rejected by this Court vide order dated 26.07.2023 by a detailed order. The order dated 26.07.2023 is reproduced herein below for the ready reference:-
Learned counsel for the petitioner submitted that the first bail application was dismissed by this Court vide order dated 24.05.2023, granting liberty to file a fresh bail application after recording of the statements of Dr. Ram Ratan before competent criminal court who had conducted the post mortem of deceased- Jitendra Singh, son of Bajrang Singh.
As per prosecution, owing to political rivalry between the petitioner and deceased, on 17.07.2020, at about 2:15 pm, the deceased was surrounded by the present petitioner and 14-15 other accused persons who brutally assaulted the deceased with axe, lathis and iron rods etc. The complainant- injured Rajinder Singh (brother of the deceased) on hearing the cries of the deceased, rushed to the spot, where he saw the present petitioner, holding an axe in his hand was shouting ‘Jitendra ko jaan se maar do’. The present petitioner, on seeing complainant- injured Rajinder Singh, told co-accused persons to attack the complainant, who thereupon attacked him and inflicted injuries. The complainant- injured Rajinder Singh and deceased- Jitendra were taken to PBM Hospital, Bikaner, where deceased- Jitendra succumbed to the injuries.
In the alleged incident which occurred on 17.07.2020, as per the injury report dated 23.07.2020, the complainant-injured Rajendra Singh sustained seven injuries, out of which four injuries i.e. injury Nos.1, 2, 4 and 6 were grievous in nature, whereas, injury Nos.3 and 5 were found to be simple in nature.
Deceased- Jitendra Singh also sustained multiple injuries in four areas. In the post mortem report prepared by PBM Hospital, Bikaner dated 18.07.2020, the cause of death of the deceased has been mentioned as “in the opinion of medical board cause of death is loss of blood as a result of multiple crushed injuries present all over body as mentioned in the post mortem report are sufficient to cause death in ordinary course of nature.”
Learned counsel for the petitioner submitted that the petitioner who is in custody since 28.02.2021 has been falsely implicated in the present case, owing to political rivalry between the parties. Learned counsel further submitted that as per the complainant, the petitioner inflicted injuries upon the deceased with axe whereas, investigating agency has recovered a lathi from him.
Learned counsel further submitted that Dr. Ram Ratan, Medical Jurist, PBM Hospital has been examined before the competent criminal court as PW-3, wherein during cross examination, he admitted that the deceased neither sustained any injury with sharp weapon such as axe, spear (barrchi), etc. nor any injury was inflicted on vital body part.
Learned counsel further submitted that as per Medical Jurist, the deceased suffered crushed injuries which could be caused to him by heavy stone or by running a vehicle over the hands or legs. Learned counsel further urged that the statements of the Medical Jurist are sufficient to indicate that this is a case of over implication and an exaggerated version of the incident has been given by the complainant.
Learned counsel urged that as per the call detail location
The court established that the seriousness of the charges and the evidence against the accused are critical factors in determining bail eligibility under Section 439 Cr.P.C.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The severity of the offences, the common object of the accused, and the inability to ascertain individual roles at the pending trial stage were crucial in the court's decision to dismiss the bail app....
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
A subsequent bail application can only be considered if there is a material change in circumstances; absence of such change upholds previous bail rejections.
The need for a substantial change in circumstances for successive bail applications and the limited impact of the period spent in custody and the framing of charges on the bail application.
One is deemed to be innocent till time his/her guilt is not proved.
Successive bail applications require substantial changed circumstances, not mere trial delay or prolonged incarceration, especially in grave offences like murder.
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