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2024 DIGILAW 320 (RAJ)

Mukhram v. State of Rajasthan

2024-02-20

PRAVEER BHATNAGAR

body2024
ORDER : Praveer Bhatnagar, J. The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 157/2023 dated 18.08.2023 registered at Police Station Harsora, District Alwar (Now Kotputali - Behror) for the offences under Sections 147, 148, 149, 323 341 & 302 IPC. 2. Learned counsel for the petitioners submits that the petitioners have been falsely involved in the case under Sections 148, 302, 323 read with 149 I.P.C. The injuries caused to Asif were found to be simple and Azharuddin did not receive any injury. The main allegation of causing the death of the deceased Waseem is against the other co-accused Lalit. He further submits that injured Asif, Azharuddin and deceased Waseem were involved in felling the Banayan tree and after following them they bumped into the forest vehicle and tried to escape and against them, FIR was also registered in felling the Banyan tree in the forest Area. The presence of the accused petitioners at the place of occurrence is highly doubtful. The identification parade against Dharmpal and Mukhram has failed. The petitioners have been in custody since the arrest and the trial of the case may take considerable time, therefore the bail applications of petitioners may be allowed. 3. Learned counsel appearing for petitioner Lalit contends that the petitioner has been falsely implicated under Sections 148, 302, 323 read with Section 149 I.P.C. Petitioner Lalit while discharging official duty, after receiving the information from the Forester Bharat Kataria that some persons were felling Banyan tree at Ashkabas forest endeavoured to apprehend the culprits and whatever happened was in the discharge of the official duty. The accused petitioner did not cause any injury to the deceased. The entire prosecution story is false and fabricated. The deceased and eyewitnesses themselves are the culprits of felling the banyan tree therefore bail application of the petitioner may be allowed and in alternative, if the Court considers it not a fit case to enlarge the petitioner on bail then the petitioner may be granted liberty to file bail application afresh after recording statements of eyewitnesses Azharuddin and Asif. 4. 4. Learned Public Prosecutor and learned counsel for the respondent vehemently oppose the bail applications and submit that the accused petitioner after forming the unlawful assembly assaulted Waseem with a sharp weapon resulting in his death and caused injuries to Azharuddin and Asif. Therefore, looking to the gravity of offence their bail applications may be disallowed. 5. Heard learned counsel for the parties and perused the material available on record. 6. The prosecution story specifies that the accused Lalit and other accused after forming an unlawful assembly stabbed the deceased Waseem and also caused injuries to Azharuddin and Asif. It is also stated in the charge sheet that two injuries, found on the arm and forearm of the deceased, have occurred from a cutter while felling the trees. Injury number 3 was sustained in the stomach with a sharp weapon was the cause of death. 7. The investigation also reveals that the accused Lalit after instruction from Forester Bharat Kataria that some persons had cut the Banyan tree, followed them in Thar Jeep bearing No.RJ14- UD-1935 and accused petitioners Dharmpal & Mukhram accompanied him and were able to intercept the Pickup vehicle and thereafter the JCB Vehicle blocked the Pickup and started beating up the Pickup driver. 8. The investigation has also revealed that before the occurrence, the driver of Pickup vehicle bumped into a forest vehicle damaging its driver-side glass. The investigation further reveals that Lalit followed the Pickup vehicle for 27 km and in between accused Dharmpal informed the JCB driver accused petitioner Shersingh about knocking their vehicle by the Pickup and thereafter the JCB blocked the Pickup vehicle driven by the deceased Waseem. The investigation discloses that thereafter accused Dharmpal broke the front glass of the Pickup and caught the deceased from the back and the accused Lalit stabbed at his stomach. The other accused started beating Azharuddin and Asif. 9. During the investigation, an identification parade was conducted and both the eyewitnesses Azharuddin and Asif failed to identify the accused petitioners Mukhram and Dharmpal. 10. It is also specifically alleged against the accused Lalit that he stabbed at deceased with a sharp weapon and on his information sharp weapon sickle was recovered. 11. No noticeable injuries were found on the body parts of eyewitness Azharuddin and injuries sustained to another eyewitness Asif were found to be simple blunt in nature. 12. 10. It is also specifically alleged against the accused Lalit that he stabbed at deceased with a sharp weapon and on his information sharp weapon sickle was recovered. 11. No noticeable injuries were found on the body parts of eyewitness Azharuddin and injuries sustained to another eyewitness Asif were found to be simple blunt in nature. 12. Considering the above fact that petitioner Lalit stabbed the deceased with the sickle and other petitioners did not cause any injury to the deceased, the petitioners Mukhram, Gyarsilal, Rajveer alias Pappu, Shersingh and Dharmpal are entitled to enlarge on bail. 13. Accordingly, the bail applications under Section 439 Cr.P.C. filed by petitioners Mukhram, Gyarsilal, Rajveer alias Pappu, Shersingh and Dharmpal are allowed and it is ordered that the accused-petitioners Mukhram S/o Leelaram, Gyarsilal S/o Jaisaram, Rajveer alias Pappu S/o Dataram, Shersingh S/o Netram and Dharmpal S/o Sadhuram in connection with FIR No. 157/2023 dated 18.08.2023 registered at Police Station Harsora, District Alwar (Now Kotputali - Behror) shall be enlarged on bail provided each of them furnish 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 their appearance before the court concerned on all the dates of hearing as and when called upon to do so. 14. The bail application under Section 439 Cr.P.C. filed by petitioner Lailt is dismissed with liberty to file afresh after recording the statements of two eyewitnesses Azharuddin and Asif. However, the trial court is directed to record the statements of eyewitnesses Azharuddin and Asif on a priority basis.