Hiri Bai And Others vs State Of Rajasthan

Kuldeep Mathur, J

These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.122/2023 registered at Police Station Bhupalsagar, District Chittorgarh, for offences under Sections 302 and 201/34 IPC.

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

Learned counsel for the petitioners submitted that the petitioners are in custody in connection with alleged murder of one Ratni whose dead body was recovered on 28.08.2023 at about 10.00 pm. from near Kunwariya Khera, Barla. Learned counsel contended that there is no eye-witness of the alleged incident. Learned counsel submitted that the petitioners have been implicated in this case solely on the basis of their disclosure statements and recovery of the slippers allegedly worn by the deceased at the time of incident.

Learned counsel further contended that the petitioners had no motive to have killed the deceased. It was contended that the recovery of slippers at the instance of the petitioners is not only suspicious but is also not sufficient to link the petitioners with the alleged crime. It was thus submitted that the petitioners are in judicial custody and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioners on bail.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that there is nothing on record indicating that the petitioners have conspired with co-accused Gopal to commit the murder of deceased Ratni. This Court also prima facie finds that the prosecution story is based mainly on the interrogation note of the accused petitioners recorded by the police officer. Suffice it to note that the same is hit by Section 25 of the Indian Evidence Act and therefore, cannot be used directly affirming the guilt of the accused in commission of the crime. Further, the slippers of the deceased recovered at the instance of the present petitioners by the investigating agency, in the prima facie opinion of this Court, solely is not sufficient to show their complicity in the commission of the alleged crime. The recovery effected in the present case is not enough to establish guilt/intention of the petitioners to commit the alleged crime.

Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

Consequently, these bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Hiri Bai W/o Bherulal Jatiya and (2) Pooja W/o Puranmal Jatiya arrested in connection with F.I.R. No.122/2023 registered at Police Station Bhupalsagar, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

A copy of this order be placed in each file.