Ashok Kumar Bishnoi And Others vs State Of Rajasthan

Madan Gopal Vyas, J

The petitioners have been arrested in connection with FIR No.01/2020 of Police Station Sangariya, District Hanumangarh, for the offences punishable under Sections 302, 344, 34 IPC. They have preferred these second bail applications under Section 439 Cr.P.C.

The first bail applications of the petitioners were dismissed by co-ordinate Bench of this Court vide order dated 08.10.2020 with liberty to file fresh bail application after recording the statements of witnesses Prabhat Garg, Shekhar Sharma, Ajay Kumar, Jitender Kumar and the Medical Officer, who conducted postmortem on the body of the deceased.

Pressing both these second bail applications, it is submitted by learned counsel for the petitioners that there is substantial change in the circumstances, inasmuch as, learned trial Court has recorded statements of Ajay Kumar, Jitender Kumar, Shekhar Sharma, Prabhat Garg and the Medical Officer Arvind Sharma. It is further submitted that witnesses Ajay Kumar, Jitender Kumar and Shekhar Sharma have not supported the prosecution story and have turned hostile. It is further submitted that as per the statement of the medical officer Arvind Sharma the injuries suffered by the deceased were not sufficient to cause death. Learned counsel further submitted that deceased was in habit to take drugs and since the required drugs were not made available to him, therefore he himself inflicted injury upon him. He submits that in the marg report registered by the Investigating Agency, the name of the petitioners were not included. Learned counsel further submits that the other three co-accused viz. Ankush Bishnoi and Ramesh @ Pappu @ Rameshwarlal Bishnoi and Praveen @ Major Singh have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 29.04.2021 and 11.05.2021 respectively. The accused-petitioners are in custody since long and trial of the case will take long time. Therefore, the benefit of bail may be granted to the accused-petitioners.

Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the second bail applications and submitted that the present petitioners were not authorized to run Nasha Mukti Kendra where the deceased was admitted for care. It is also submitted that deceased was beaten while he was admitted in the aforesaid Nasha Mukti Kendra. As per the post mortem report and the statement of the PW-1 Dr. Arvind Sharma, there were injuries on the body of the deceased. Learned Public Prosecutor further submitted that the injuries inflicted on the body of the deceased cannot be said to be self-inflicted. It is further submitted that the prosecution story is supported by the P.W.7 Prabhat Garg. Therefore, it is prayed that looking to the gravity of the offences, the present bail applications may be rejected.

Heard learned counsel for the parties and perused the material available on record.

Having regard to the totality of the facts and circumstances of the case and after perusing the statements of the witnesses and looking to the gravity of the offences, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioners, at this stage.

Accordingly, the second bail applications preferred by the petitioners under Section 439 Cr.P.C. are rejected. However, learned trial Court is directed to expedite the trial of the case as early as possible preferably within a period of six months.

A copy of this order be sent to learned trial Court through e-mail or fax.