The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.

ORDER :

(KULDEEP MATHUR, J.)

1. This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.141/2024 registered at Police Station Banipura, District Churu, for offences under Sections 103(1), 109(1), 117(2), 126(2) and 61(2)(A) of BNS.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that co-accused Kailash (S.B. Criminal Miscellaneous Bail Application No. 15521/2024) has already been enlarged on bail by this Court vide order dated 20.01.2025. Learned counsel further submitted that the case of present petitioner is not distinguishable from that of the above named co-accused who has already been enlarged on bail. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the challan against him has already been filed before the competent criminal Court and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

4. Per Contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and submitted that looking to the seriousness of allegations levelled against the present petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the above named co-accused has already been enlarged on bail.

5. Heard learned counsel for the parties and perused the order dated 20.01.2025 passed by of this Court. The order dated 20.01.2025 is reproduced hereinbelow for ready reference:-

1. This application for bail under Section 483 BNS S (Section 439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.141/2024 registered at Police Station Bhanipura, District Churu, for offences under Sections 103(1), 109(1), 115(2), 126(2) and 61(2)(a) of BNS .

2. As per the complainant, on 15.08.2024 at about 01:00 P.M., when his brother - Ashok, cousin - Chetan Ram @ Kalu Ram and Jai Ganesh, were going to Bayila village on Jai Ganesh’s motor-bike, the co-accused Chunni Lal came along with other persons namely Sant Lal, Rohitash, Rakesh Fander and Prem in a Bolero vehicle (pick-up) and hit their motor-bike. The complainant further alleged that the accused Sant Lal hit upon the head of Ashok with a blunt weapon (lathi). Later on, when Chetan Ram, Ashok and Jai Ganesh were taken to the hospital, Ashok succumbed to his injuries while undergoing treatment.

3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

4. Drawing attention of the Court towards the FIR lodged by the complainant – Ranveer, learned counsel for the petitioner submitted that the petitioner has not been named in the FIR. Further, drawing attention of the Court towards the statements of the injured persons, who were allegedly going to the village with the deceased - Ashok on the motor-bike namely Chetan Ram @ Kalu Ram and Jai Ganesh, learned counsel for the petitioner submitted that both the injured persons initially in their statements recorded under Section 161 Cr.P.C. did not name the present petitioner as an assailant. The specific allegation of inflicting head injury upon the deceased - Ashok with a blunt weapon (lathi) was levelled against the accused - Sant Lal. However, when the titimba (supplementary) statements of injured – Chetan Ram @ Kalu Ram were recorded, he had alleged that the present petitioner was also a part of the conspiracy hatched by the co-accused persons to commit the alleged crime.

5. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. Learned counsel submitted that there is not even an iota of evidence available on record indicating involvement of the petitioner in commission of alleged crime. Learned cou