Dungar Ram vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.269/2022 registered at Police Station Bichhwal, District Bikaner, for offences under Sections 302, 427, 323, 341/34 of IPC.

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

Brief facts of the case are that a written report dated 27.10.2022 was submitted to SHO, PS, Bichhwal Camp at PBM Hospital, Bikaner by one Smt. Pooja Devi, stating therein that on 26.10.2022, she along with her husband-Mukesh and sister-in-law Premi Devi while going on motorcycle to their house at Mukta Prasad Colony, Bypass road, were surrounded by persons namely- Dungar, Moti, Kailash and Dena Ram. The persons snatched gold ornaments worn by them and also took away (looted) Rs.5,000/-cash. As per the written report submitted by the complainant, the accused persons thereafter followed them. The complainant and her husband, in these circumstances, took shelter in the house of one of their relative namely Chotu Ram. As per the written report submitted by Smt Pooja Devi, her ‘Nanand’ namely Premi Devi before entering the house of Chotu Ram Ji was run over by a loader machine, driven by present petitioner and other co-accused persons.

Learned counsel for the petitioner submitted that police after making thorough investigation in the matter has not found the facts narrated in the written report to be a correct sequential narration in which the events transpired on 26.10.2021. Learned counsel for the petitioner submitted that from the perusal of the charge-sheet, filed by the police against the present petitioner after evaluating and analyzing various CCTV footages, it is clear that co-accused Kailash Nayak and few others including the husband of the complainant were quarreling with each other. Co-accused Kailash Nayak after the quarrel, ran towards the house of the present petitioner and was followed by few persons of Bazigar Family, who were relatives of the present petitioner. The relatives, the present petitioner and co-accused thereafter had an acrimonious exchange leading to a brawl between them. In the above scenario, petitioner and co-accused, in order to save themselves, drove the loader machine at a high speed and killed deceased-Prema Devi.

Learned counsel for the petitioner vehemently submitted that from the perusal of the charge-sheet, filed by the police after making investigation into the written report submitted by complainant, it is evident that petitioner has been falsely implicated in the present case. Learned counsel submitted that as a matter of fact, the petitioner and co-accused Kailash were encircled by the family members of the complainant. The petitioner thus, had reasonable apprehension of death or grievous hurt whereupon, in order to save their lives, they fled from the spot on the loader machine, being driven by the co-accused. Learned counsel submitted that at the time, petitioner and co-accused Kailash were trying to flee, the loader machine accidentally ran over the deceased.

Learned counsel submitted that the petitioner did not have any motive or intention to cause death of the deceased-Prema Devi. Unfortunately, the loader machine ran over the deceased when the petitioner and co-accused were trying to run away from the spot, in order to save their life otherwise, in a likely possibility, they would have been killed or caused grievous hurt at the hands of the persons who surrounded them at their house.

Per contra, learned Public Prosecutor opposed the bail application. However, he was not in position to dispute the fact that the petitioner and co-accused were surrounded by a group of people creating a reasonable apprehension of being caused grievous hurt or death. Learned Public Prosecutor submitted that challan has been filed by the police after thorough investigation on analysing various CCTV footages and thus, there is no reason to believe that the same does not contain correct narration of events.

Heard.

Considering the arguments advanced by the counsel for the parties and after taking into consideration the challan papers, this Court is prima facie, of the opinion that since petitioner and co-accused were surrounded by group of people belonging to a particular family, the argument of the learned counsel for the petitioner that they had an apprehension of being killed or seriously injured and therefore, in order to escape from the place of incident, the loader machine during the escape ran over the deceased without any intention cannot be brushed aside. Challan has already been filed; the petitioner is in judicial custody; the trial may take long time to conclude, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Dungar Ram S/o Dana Ram shall be enlarged on bail in connection with FIR No. 269/2022 registered at Police Station Bichhwal, District Bikaner provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.