KUMER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned Judgment and Order passed by the High Court of Rajasthan, Jaipur Bench releasing the private respondents herein - Kamlesh, Bhojraj Singh and Arif on bail under Section 439 CrPC, in connection with FIR No.210 of 2017 dated 17.08.2017 registered with PS Laxmangarh, District Sikar, Rajasthan for the offences punishable under Sections 147, 148, 341, 323, 307, 427, 302 read with Section 149 of the I PC, the original informant/complainant - brother of the deceased has preferred the present appeals.

(2.) That the appellant herein lodged an FIR against the accused named in the FIR for the offences under Sections 147, 148, 341, 323, 307, 427, 302 read with Section 149 of the I PC having brutally killed his brother Sumer Singh who was the member of the Border Security Force and was on leave. The date of incident was 16.08.2017. 10 accused persons were named in the FIR including Kamlesh, Arif, and Bhojraj Singh - private respondents herein. That 26 injuries were found on the deceased Sumer Singh and 11 injuries on one Vikram Singh caused by blunt and sharp weapons. It was alleged in the FIR as under:

(3.) That the bail applications submitted by the private respondents herein - accused came to be dismissed by the Learned Sessions Judge considering the seriousness of accusations leveled against the accused. That Kamlesh was arrested on 20.08.2017, Arif was arrested on 18.08.2017 and Bojraj Singh was arrested on 23.10.2017. That the police submitted a charge-sheet against all the accused persons on 14.11.2017 for the offences punishable under Sections 147, 148, 149, 302, 341, 323 and 427 IPC. That the bail applications preferred by Kamlesh, Arif and Bhojraj Singh came to be rejected by the High Court vide order dated 10.01.2018. However, the High Court opined that the accused persons are at liberty to move fresh bail application before the concerned court after recording of the statement of the material witnesses. At this stage, it is required to be noted that as per the charge-sheet there are 38 witnesses to be examined by the prosecution. Thereafter the Learned trial Court framed the charge against the accused persons on 09.02.2018. Supplementary charge-sheet came to be filed against other co-accused namely Hari Singh, Surjit Singh and Dalip Singh. A second supplementary charge-sheet came to be filed against one Rajendra Singh on 11.12.2018. A third supplementary charge-sheet came to be filed against the main accused Narendra Singh on 23.04.2019. Thereafter the bail applications submitted by Arif and Bhojraj Singh bearing Bail Application Nos.250 of 2019 and 251 of 2019 came to be rejected by the Learned trial Court vide its order dated 30.04.2019. Thereafter by the impugned judgment and orders dated 17.05.2019, 28.05.2019 and 01.06.2019, the High Court has enlarged Arif, Kamlesh and Bhojraj Singh respectively on bail.