Naresh And Others vs State Of Rajasthan And Others

Dinesh Mehta, J

These three bail applications have been filed by the applicants under Section 439 of the Code of Criminal Procedure, seeking regular bail in connection with the FIR No. 357/2023 registered at Police Station Subhash Nagar, District Bhilwara for the offences punishable under Sections 147, 149, 302/34 of Indian Penal Code, 1860 and Section 4/25 of Arms Act, 1959 (Amended 2019).

Learned counsel for the applicants submitted that the basic allegation of giving knife blows is admittedly on co-accused Harish Khatik and as per case set up by the prosecution, the allegation against the present applicants is that they caught hold the deceased – Ajay Yadav in order to facilitate the principal accused Harish Khatik to inflict knife blows.

Learned counsel took the Court through the statement of eyewitnesses namely Rajendra Yadav and Narayan Bairwa recorded under Section 161 Cr.P.C. and submitted that at the time of giving statement under Section 161 Cr.P.C., both of them had reiterated the version given in the First Information Report, whereas, in the statement recorded under Section 164 Cr.P.C., they have changed their version. Learned counsel highlighted that Rajendra Yadav and Narayan Bairwa have deviated from their earlier version that the applicants had caught hold the deceased.

Learned Public Prosecutor vehemently opposed the bail application by contending that without the help of present applicants, it was not possible for the main accused Harish Khatik to have caused four knife blows on the person of the deceased.

Learned counsel for the complainant also vehemently opposed the bail application with almost similar arguments.

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

It is to be noted that both the eyewitnesses – Rajendra Yadav and Narayan Bairwa in their statements under Section 161 Cr.P.C. echoed the version given in the First Information Report, whereas at the time of recording staement under Section 164 Cr.P.C., the assertion that the present applicants had held the deceased with hands had not been made.

That apart, on perusal of the Post Mortem Report, more particularly the injuries inflicted upon the person of the deceased, this Court finds that four injuries with knife have been inflicted upon the deceased, as under:

(i) Stab wound is present over mid chest anteriorly obliquely placed upper left end is situated 13 cms below jugular notch at midline and is acute and lower outer right end is 15.5 cms below jugular notch. It is of size 4.1 cms x 0.8 cms x chest cavity deep with beveling is seen in upper part and fist tailing over lower outer edge with abrasion 1 x 0.3 cms noted.

(ii) Grazed abrasion over lower part of right side chest noted 3 cms below nipple of size 7x2.5 cms horizontally placed.

(iii) Incised wound on right cubital fossa 0.7 x 0.2 cms.

(iv) Chop wound is seen over right thumb base inner to outer part of size 3.5 x 0.8 cms x muscle and tendon deep."

In the prima facie opion of this Court, had the applicants caught hold the deceased with hands, perhaps all the blows which the principal accused had inflicted, ought to have been on the vital parts of the body of the deceased. More particularly, the injuries on the elbow and palm of the deceased would not have been possible.

Afore view is further fortified by the fact that no blood stains have been found on the clothes of the applicants. If the story of the complainant were correct, then the applicants' clothes must have got some blood stains, particularly when the deceased had suffered four knife blows.

As a consequence of discussion foregoing, this Court is of the view that the applicants' prosecution maybe justified under Section 120-B of IPC, but their indefinite incarceration is not warranted.

Consequently, all the three bail applications filed under Section 439 of the Code of Criminal Procedure is allowed. It is ordered that the applicants (1) Naresh S/o Shri Roshan Lal Khatik; (2) Jitendra Padiyar S/o Devkaran; and (3) Babu Lal S/o Kanhaiya Lal Basita, arrested in connection with FIR No. 357/2023 registered at Police Station Subhash Nagar, District Bhilwara shall be released on bail; provided that they execute personal bond in the sum of ₹50,000/- each and two sureties of ₹25,000/- each to the satisfaction of the learned trial Court.

Applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.