IMPORTANT POINT
The court ruled that bail must be granted based on the presence of concrete evidence; mere allegations are insufficient to deny bail, especially in conspiracy cases.

ORDER :

1. These four bail applications under Section 439 of the Cr.P.C. have been preferred on behalf of the petitioners Shaitan Ram, Suresh Bhat, Jugal Kishore Gill and Suresh Jakhar @ Tonu Jakhar. The requisite details of the matter are tabulated herein-below:

2. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against the petitioners and they have been made an accused based on conjectures and surmises. There are no factors at play in the case at hand that may work against grant of bail to them and his further incarceration is not warranted. Hence, it is prayed that the petitioners may be enlarged on bail.

3. Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor opposes the bail applications 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.

5. The case got lodged at the instance of first informant Sitaram, who also received injuries in an assault made by the accused persons named in the Parcha Bayan recorded on 26.10.2022 at 10.35 a.m. by a police officer at the Jawahar Lal Nehru Hospital, Nagaur. There are allegations that an assault was made upon the complainant and the deceased Rajesh and as a necessary consequence of which, Rajesh succumbed to death. The investigation reveals active participation of making the assault upon the victim and the deceased by the petitioners Suresh Jakhar and Suresh Bhat. After hearing the learned counsel for the parties and conferring with the Investigating Officer and going through the relevant record, I am convinced that looking to the nature and gravity of the offences, active participation of the above two petitioners in committing the crime of murder and availability of material in support thereof, I do not see any reason to extend the benefit of bail to them. The evidence has not been discussed deliberately simply for the apprehension that any observation of this court may put a serious dent to their case during trial or the trial Judge may get influence from it. However, viewed from all angles, no case is made out for grant of bail to accused petitioners Suresh Jakhar and Suresh Bhat. Accordingly, the bail applications preferred by them bearing S.B. Criminal Misc. Bail Application No. 14009/2024 and 11981/2024 are dismissed.

6. As far as the bail applications of accused Shaitan Ram and Jugal Kishore Gill are concerned, suffice it would be to say that the name of these two persons do not find place in the Parcha Bayan of Sita Ram, the sole eye-witness of the incident. As a matter of fact, there is no other person, who deposed about the incident in which victim Sita Ram and Rajesh sustained injuries and the injuries of Rajesh proved fatal, as a consequence of which he died.

7. While conferring with the Investigating Officer as to how he roped the names of the above two persons in the case, he tried to convince that though these two persons were not present at the crime scene and did not participate in beating of the victim and the deceased, but some material was collected during investigation, from which it was inferred that the duo were the conspirators of the crime. For the purpose of satisfaction, I have minutely gone through the file, but fail to trace any positive evidence, which may persuade this court to deny