M.R.SHAH,J. - (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: (i) "On the date of the incident that is 16.08.2017, during the fair of Goganavami in the village Choti Roru, an altercation took place between both the parties due to the old enmity. (ii) On 16.08.2017, a dinner was scheduled in the house of uncle of the complainant at Rajiyasar Meetha and the family members departed around 11:20 PM at night 2 cars (1) a Bolero driven by complainant departed with other family members was leading ahead and followed by (2) and Innova driven by Chandra Pal Singh with other family members including the complainant's brother, Sumer Singh. (iii) Thereafter accused persons somehow came to know of the program of the complainant or going to Rajiyasar and Narendra Singh etc. called their other accomplices and friends in their village in their cars during the night. These 3 Cars (1) An Innova No. DL 4CN 0857 (2) a Bolero Camper (without number plate) (3) Pickup (without number plate) were loaded with weapons including Sword, Khokhri, Dhariya, Iron Pipes and Lathis. (iv) The complainant's Bolero car was leading ahead and found the Innova car of accused Kamlesh parked at the T point and drove but on discovering that the Innova car following behind was not visible, took a U-turn and upon reaching the T point, found that the Innova car was stuck in the fields with the windows smashed and accused Kamlesh along with 3 other Camper cars and about 20-25 persons and his brother Sumer Singh lying inside the field of Kamlesh and all the accused were indiscriminately stabbing him with Sword, Knife, Khokhri, Lathis and Rods. (v) The accused persons ambushed the Innova car of the deceased by parking their cars sitting inside on different locations near the Bagichi and all the accused were sitting inside every car loaded with weapons. (vi) The accused had complete knowledge that Sumer Singh who was working in the BSF, had come home on vacations and they wanted to murder him only. (vii) The brutal manner in which Sumer Singh was ambushed, cornered and killed mercilessly is evident from the fact that when he tried to run and attempted save his life, he was hit by another Carrier and Got Stuck between the Camper and the barbed wire and fell down and broke his leg. Thereupon all the accused pounced upon him and indiscriminately stabbed him with sharp weapons while he was lying on the ground.
(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.;