ROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-applicant has moved this application for grant of bail under Sec. 439 Cr.PC. in respect of FIR No. 243/2011 registered at Police Station Nadbai, District Bharatpur for offences under Sections 147, 148, 307 read with Sec. 149 Penal Code and Sec. 3/25 of Indian Arms Act. The application filed by the applicant for grant of bail under Sec. 439 Cr.PC. has been dismissed by the Additional Sessions Judge No. 4 Bharatpur vide order dated 19.01.2013.

(2.) Brief relevant facts for the disposal of this application are that complainant-Shri Banay Singh in his "Parcha- Bayan" alleged that on 13.5.2011 at about 6.00 p.m. in the evening he and his daughter-in-law Smt. Pista were attacked by as many as eight persons including the present applicant and fire-arms were also used by the applicant, Shri Siya Ram and Bishan Singh and as a result thereof both of them received fire arm injuries also on various parts of their body. It was also alleged that when some persons as named in the "Parcha-Bayan" intervened, fire arm shots were aimed towards them also. On the basis of Parcha-Bayan, FIR towards them also. On the basis of Parcha-Bayan, FIR No. 243/2011 for offences under Sections 143 and 307 Penal Code was registered and after investigation charge-sheet was filed against five persons for various offences including offence under Sec. 307 Penal Code but the present applicant and the aforesaid- Siya Ram and Bishan Singh were not charge-sheeted by the investigating agency. Charges for various offences including offence under Sec. 307 Penal Code were framed against five persons against whom charge-sheet was filed and presently they are facing trial. The third, application filed by the accused- Narendra @ Guddu, who is facing trial, was allowed by the Coordinate Bench vide order dated 06.07.2012 after taking into consideration the statements of injured-witnesses- Shri Banay Singh and Smt. Pista. This fact was also taken into consideration by the Co-ordinate Bench that the main accusation levelled by the aforesaid prosecution witnesses is against Shri Siya Ram, Bishan Singh and Roop Singh i.e. the present applicant. Similarly, the third application for grant of bail filed by the co-accused-Shri Dungar Singh and Lokesh @ Lala was also allowed by the Co-ordinate Bench vide order dated 30.05.2012 on similar grounds.

(3.) It appears that during trial, complainant-Shri Banay Singh filed an application under Sec. 319 Cr.RC. on 10.05.2012 with the averment that from the evidence available on record it is clear that present applicant-Roop Singh, Bishan Singh and Siya Ram were also involved in the incident and they used fire arms. It was prayed by the complainant that cognizance for offences under Sections 147, 148, 307 read with Sec. 149 Penal Code and Sec. 3/25 of the Arms Act may be taken against the aforesaid persons also. The learned trial Court after considering the submissions made on behalf of the parties, vide its order dated 01.12.2012 took cognizance against all three aforesaid persons for offences under Sections 147, 148, 307 Penal Code and Sec. 3/25 of the Indian Arms Act and to procure their appearance before the Court bailable warrants were issued. In compliance of the bailable warrant, applicant appeared before the trial Court and moved application to release him on bail under Sec. 439 Cr.PC. but the same was dismissed by the trial Court vide order dated 19.01.2013. In these circumstances, the accused-applicant has come to this Court for grant of bail under Sec. 439 Cr.PC.