Shakeel @ Bakra vs State Of Rajasthan Through Pp … on 18 February, 2026

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    Rajasthan High Court – Jaipur

    Shakeel @ Bakra vs State Of Rajasthan Through Pp … on 18 February, 2026

    [2026:RJ-JP:7834-DB]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
                      D.B. Criminal Appeal No. 127/2017
    
    Shakeel @ Bakra S/o Shri Abdul Khalil, R/o House No. 17,
    Banjara Colony P.s. Kishorepura, Kota, Presently R/o Narain
    Panwale Ki Gali, Bajaj Khana, Kota Presently Confined In Central
    Jail Kota
                                                                         ----Appellant
                                          Versus
    State of Rajasthan Through PP
                                                                       ----Respondent

    Connected With
    D.B. Criminal Appeal No. 1447/2016
    Shahid Son Of Mushtak Ali, R/o Near Tanki Wale Baba, Shivpura
    Police Station Dadabadi, Kota. At Present In Central Jail, Kota

    —-Appellant
    Versus
    The State of Rajasthan

    SPONSORED

    —-Respondent
    D.B. Criminal Appeal No. 1538/2016
    Praveen Kumar S/o Shri Krishna Murari, R/o Diyapur, Distt.
    Uraiya, U.p. At Present 3 R 45 Talwandi, P.s. Jawahar Nagar, Kota
    Accused Appellant In Kota Jail

    —-Appellant
    Versus
    State of Rajasthan Through PP

    —-Respondent

    For Appellant(s) : Mr. M. I. Beg
    Mr. Rinesh Kumar Gupta with
    Mr. Saurabh Pratap Singh
    Mr. Sunil Kumar Tyagi with
    Mr. Anirudh Tyagi
    For Respondent(s) : Mr. Rishi Raj Singh Rathore, P.P.
    Mr. Naresh Kumar Gupta, PP
    Mr. Vinod Sharma
    Ms. Neha Goyal

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    HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
    HON’BLE MR. JUSTICE SAMEER JAIN

    Judgment

    18/02/2026

    All these three appeals are directed against the judgment

    dated 15.11.2016 passed by the learned Additional Sessions

    Judge No.6 Kota (for short, “the learned trial Court”) in Sessions

    Case No. 232/2011, whereby the accused-appellants (for short,

    ‘the appellants’) have been convicted and sentenced as under:-

    1. Under Section 147 IPC: Two years’ simple imprisonment and

    fine of ₹5,000/- each; in default whereof, one month’s simple

    imprisonment.

    2. Under Section 364-A or 364-A/149 IPC: Life imprisonment

    and fine of ₹45,000/- each; in default whereof, three months’

    additional simple imprisonment.

    Sentences to run concurrently.

    The relevant facts, in brief, are that the complainant-Shri

    Vijay Mehra (PW-1) made a parcha bayan (Ex. P-1) on 10.09.2009

    at about 2:25 am at Surgical Ward, MBS Hospital, Kota, stating

    therein that when he was going to his residence for lunch on

    09.09.2009 at about 1:00 P.M., he was taken by Imran @ Parchi

    to the appellant- Shakeel @ Bakra, who along with Imran @ Parchi

    and six other co-accused took him on motorcycles to various

    places in Kota. It was alleged that his brother was threatened by

    Shakeel @ Bakra to cough up a sum of ₹1,00,000/- failing which

    the complainant was threatened of dire consequences. It was

    further alleged that upon receiving a telephonic message that his

    brother has lodged a report, he was beaten by the accused

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    persons including the appellants and only after extending an

    assurance by him not to take any action against them, he was

    permitted to go. Based thereupon, an FIR No. 173/2009 came to

    be registered at Police Station Kotwali Kota, District-Kota City,

    under Sections 147, 149, 351, 323, 342 and 364-A IPC and

    Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes

    (Prevention of Atrocities) Act, 1989. The police after investigation

    charge-sheeted the appellants as also the co-accused Imran @

    Parchi, Sunil Khatik, Haneef @ Rinku @ Biri and Nasir under

    Sections 147, 148, 149, 323, 341, 342 364(A) IPC and, the co-

    accused Imran @ Parchi, additionally, under Section 4/25 of Arms

    Act 1959. Charges under Sections 147, 341, 323/149, 342,

    342/149, 364(A), 364(A)/149 IPC were framed against the

    appellants as also the co-accused Imran @ Parchi, Sunil Khatik,

    Haneef @ Rinku @ Biri and Nasir. An additional charge under

    Section 4/25 of Arms Act, 1959 was framed against the co-

    accused Imran @ Parchi. After trial, while, the co-accused Imran

    @ Parchi, Sunil Khatik, Haneef @ Rinku @ Biri were acquitted of

    the charges framed against them, the appellants have been

    convicted and sentenced, as stated hereinabove. It may also be

    pertinent to submit here that the co-accused Nasir son of Nanhe

    Khan has absconded during trial and it is revealed from the

    material available on record that his trial is pending.

    Assailing the impugned judgment, learned counsels for the

    appellants submitted that the learned trial Court has erred in

    recording their conviction based on surmises and conjectures in

    absence of any legally admissible evidence available on record

    against them. They contended that the testimony of the

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    complainant-Shri Vijay Mehra (PW-1) is full of contradictions,

    improvements and embellishments on material aspects of the

    case. Inviting attention of this Court towards his parcha bayan

    (Ex. P-1), they would contend that while in it, it was alleged that

    he was taken to appellant-Shakeel @ Bakra by Imran @ Parchi;

    and thereafter, by all the accused persons to various places; but,

    in his deposition dated 17.02.2010, he has substituted Imran @

    Parchi with “one another person”. They further submitted that his

    examination-in-chief recorded on 17.02.2010 reflects as if he was

    subjected to the offence of kidnapping only by the appellant

    Shakeel @ Bakra without assistance of any other accused.

    Learned counsels submitted that the learned trial Court did not

    appreciate that all the material prosecution witnesses including

    the complainant such as, his mother Chandrakala (PW-2), his

    father Shri Chouthmal Mehra (PW-3) and his brother Shri Brijesh

    Mehra (PW-8) have turned hostile and have not supported the

    prosecution story. Referring to and relying upon testimony of

    Brijesh Mehra (PW-8), they contended that it reflects that, as a

    matter of fact, it was a case of some money dispute between the

    parties and to harass and victimise them, they have been

    implicated in this false and concocted case. Learned counsel for

    the appellant-Praveen Kumar would also submit that though, the

    complainant has admitted in his cross-examination that he did not

    know the appellant before the incident and reckon him as an

    accused only because he was so addressed by the co-accused

    persons during their conversation; but, no test identification

    parade was conducted by the prosecution to connect him with the

    offence, in absence whereof, his conviction is bad in law.

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    Learned counsels for the appellants, therefore, prayed that

    the appeal be allowed, the judgment impugned dated 15.11.2016

    be quashed and set aside and they may be acquitted of the

    charges framed against them.

    Per contra, learned Public Prosecutor, opposing the

    submissions and supporting the findings recorded by the learned

    trial Court, prayed for dismissal of the appeals.

    Heard. Considered.

    The genesis of the prosecution case is parcha bayan of the

    complainant- Shri Vijay Mehra (Ex. P-1) made at about 02:25

    a.m. on 10.09.2009 in the hospital wherein, it was alleged that

    when he was going to his home to have lunch at about 1:00 p.m.,

    in the market, he was taken by Imran @ Parchi to Shakeel @

    Bakra who, along with Imran @ Parchi and six other accused

    person took him on motorcycles to various places in the city of

    Kota. It was further alleged that at one of such places, the

    complainant’s brother-Brajesh was asked to pay ₹1,00,000/-

    failing which the complainant was threatened of dire

    consequences. It was also alleged that when the accused came to

    know that instead of paying ₹1,00,000/-, his brother has lodged a

    report, he was beaten by them. It also contained the allegation

    that he was threatened by Imran @ Parchi with a knife and by

    appellant-Shakeel @ Bakra with a revolver. It was stated that only

    on an assurance extended by him that the report lodged by his

    brother has been torn down and he would not disclose the incident

    to anybody, he was permitted to go. Thus, though, in his parcha

    bayan, he has alleged that in addition to Imran @ Parchi and

    Shakeel @ Bakra, six accused person subjected him to the

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    offence, whom he could recognize, however, in his Court

    deposition as PW-1, instead of naming Imran @ Parchi, he has

    alleged that he was taken by “one another person” to Shakeel @

    Bakra. Rest of the allegations in his examination-in-chief were also

    directed against the appellant-Shakeel @ Bakra. Upon being

    declared hostile, he was cross-examined by the learned Additional

    Public Prosecutor wherein, he has categorically stated that he had

    wrongly mentioned the name of Imran @ Parchi in his parcha

    bayan. In his cross-examination by the defence on 24.06.2014, he

    has denied that he was subjected to any offence by Imran @

    Parchi, Hanif @ Rinku @ Biri or Sunil Khateek. Qua the appellant

    Shahid, he admitted that his name was suggested by the police

    but, feigned ignorance when asked, which police personnel?

    Further, his parcha bayan as also his deposition as PW1

    reveals that he was taken from the Bhartendu market to Hiran

    Bazar via Rampura Bazar where they stayed for about 10-15

    minutes, at 02:00 P.M., they went to Adharshila and returned back

    to Hiran Bazar at about 4:00 p.m. from where he was taken to

    Nadi Ghat and was beaten. Thereafter, he was taken to a factory

    towards DCM and lastly to an old workshop in the market. In his

    cross-examination, he has admitted that all these places were

    heavily crowded and they crossed at least three to four police

    stations while going from one place to another. Conspicuously, he

    did not raise alarm at any stage, although, he has tried to say that

    at one place he cried for help to small children; but, it does not

    inspire confidence. His this unnatural conduct raises a serious

    doubt as to veracity of prosecution case.

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    Moreover, indisputably, the prosecution case hinges mainly

    on complainant’s sole testimony inasmuch as despite being

    kidnapped from a crowded market place; despite being taken to

    various crowded places in the city of Kota in broad day light and

    despite being threatened with knife and revolver and beaten also

    in the crowded place, no eye witness was examined by the

    prosecution to corroborate the allegations levelled by the

    complainant. We are conscious of the trite law that it is quality of

    the testimony which matters and not the quantity as also that

    testimony of the victim complainant alone is sufficient to record

    conviction but, it must be of sterling worth; however, in the

    instant case, we do not find it to be so. Furthermore, the

    complainant has stated, as PW1, that upon reaching home after

    the incident, he disclosed every information to his family

    members; but, his mother Smt. Chandrakala (PW-2) has

    categorically denied that he disclosed name of any accused.

    Moreover, she has been declared hostile and upon cross-

    examination by the learned Additional Public Prosecutor, she has

    denied her deposition made in the police statement (Ex. P-3).

    In view thereof, we are not persuaded to uphold the findings

    of the learned trial Court regarding rioting and kidnapping.

    Moreover, the allegation of demand on mobile phone has not

    been established by Investigating Agency by either seizure of the

    mobile phone/sim card or by producing the call details of the

    concerned mobile. We also find that it was the prosecution case

    that the complainant did not know the mobile number of his

    brother and after getting the same from his mother on a landline

    phone, it was made available to the appellant-Shakeel to converse

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    with the brother. When confronted on this aspect, the complainant

    stated that it was wrong that since his brother used to change his

    mobile number, he was unaware of it. However, his brother, as

    PW-8, has stated that the complainant has previously spoken to

    him on his this mobile number on numerous occasions. Further,

    he, though, denied that he used to change the number and stated

    that the mobile number which he was using on the date of

    incident, was with him for a long time; but, in his cross-

    examination, taking a contradictory stand, stated that he used to

    change his mobile number on account of regular threatening. He

    has further stated that he used to keep his mobile phone switched

    off as he was receiving threatening call from Shakeel @ Bakra. He

    has further stated that he was receiving such call from 5 to 6 day

    prior to the date of incident; however, this averment is absent in

    his court deposition dated 24.10.2011. Moreover, the prosecution

    did not explain as to why the appellant-Shakeel @ Bakra was

    threatening him for last about 5 to 6 days as also, who was

    threatening him regularly.

    There is one more important aspect of the matter. Although,

    the learned trial Court has held the appellants guilty of offence,

    inter alia, under Section 364-A IPC; but, we are not convinced

    that the prosecution has been able to establish either the

    kidnapping or that it was for ransom. In the FIR, it is alleged that

    after talking to his brother-Shri Brijesh Mehra, Shakeel asked him

    that since his brother was not paying ₹1,00,000/-, what was to be

    done with him? It was not alleged specifically that this sum was

    demanded towards ransom. Thereafter, upon receiving a call on

    his mobile, Shakeel informed that instead of sending ₹1,00,000/-,

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    his brother has lodged a report against him. The FIR further

    contains the averments that thereafter, he was beaten and

    threatened to get the report withdrawn and only after being

    satisfied that the report lodged against him has been torn down,

    he was permitted to go. As, we would discuss at appropriate

    place, from the tesimony of the complainant and his brother Shri

    Brijesh Mehra (PW-8), it is reflected that there was some money

    dispute in between them and the accused party and the appellant

    Praveen has lodged an FIR No.272/2012 against Shri Brijesh

    Mehra with the Police Station Jawahar Nagar for not refunding the

    money and playing fraud. As already held, brother of the

    complainant namely, Brijesh Mehra has specifically stated that he

    used to keep his mobile phone switched off as he was receiving

    threatening call from Shakeel @ Bakra for last 5 to 6 days but, the

    prosecution did not explain as to why the appellant was making

    such threats. Even otherwise, it is beyond human comprehension

    as to why the complainant, a para medical staff in a private clinic,

    was chosen to be kidnapped from a crowded market place in

    broad day light by as many as 8 accused which, were later on

    joined by two more accused, for a meager ransom of ₹1,00,000/-

    and why, he was let go without payment of any ransom. Under

    these circumstances, we are not persuaded to hold with certainty

    that the sum of ₹1,00,000/- demanded was towards ransom and

    not towards the money allegedly due against brother of the

    complainant.

    In view of aforesaid evidence, we are not convinced that the

    prosecution has been able to establish that the complainant was

    subjected to any offence, by the appellants, as alleged. However,

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    now, we proceed to examine individual case of each appellant

    before us.

    So far as allegation against appellant-Praveen is concerned,

    although, the complainant has admitted during his cross-

    examination that he did not know Praveen before the date of

    incident and has made accusation against him only because other

    accused persons were taking this name during their conversation;

    but, conspicuously, no test identification parade was conducted to

    connect the appellant Praveen with the offence. Furthermore, from

    the testimony of Shri Brijesh Mehra (PW-8), it is apparent that

    both the brothers knew him prior to the alleged incident. In his

    cross examination, Shri Brijesh has admitted that Praveen has

    lodged an FIR No.278/12 against him. He has further admitted

    that in the Police Station Jawahar Nagar, a case was registered

    against him for not refunding the money and playing fraud qua

    Praveen and other persons. The complainant although, feigned

    ignorance when asked during his cross-examination that Praveen

    has lodged a report against Shri Brijesh at Police Station Jawahar

    Nagar with allegation of fraud; but, admitted in the same breath

    that his name and address came to his knowledge before

    registration of the case.

    So far as appellant-Shakeel@ Bakra is concerned, beside the

    observations already made by us doubting the veracity and

    reliability of the prosecution case, it is relevant to note here that,

    upon cross-examination by his learned counsel on 07.11.2014, the

    complainant has admitted that he did not know the boys who

    committed offence against him and had named them in his

    discretion. He has further admitted that he learnt their name the

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    way the accused were addressing each other. Again, the appellant

    was not subjected to test identification parade to demonstrate that

    he was the same person against whom allegations were levelled

    by the complainant.

    So far as appellant-Shahid is concerned, he was not named

    in the FIR and the complainant has admitted, in his cross

    examination, that his name was suggested by the police. Further,

    as already observed by us, in the FIR, it was alleged that in

    addition to Imran @ Parchi and Shakeel @ Bakra, six other

    accused were involved whom he could recognize but, no test

    identification parade of the appellant-Shahid was conducted.

    From the conspectus of aforesaid analysis based on evidence

    available on record, we are not convinced that the prosecution has

    been able to bring home, beyond a shadow of doubt, the charges

    that the complainant Shri Vijay Mehra was subjected to offence of

    either rioting or, kidnapping for ransom and the appeals deserve

    to be allowed.

    Resultantly, the appeals are allowed. The judgment dated

    15.11.2016 passed by the learned Additional Sessions Judge No.

    6, Kota in Sessions Case No. 232/2011 is quashed and set aside

    and the appellants are acquitted of the charges framed against

    them.

    The appellant Shakeel @ Bakra S/o Shri Abdul Khalil

    shall be set at liberty forthwith if not detained in any other case.

    Since, the appellants-Shahid Son of Mushtak Ali and Praveen

    Kumar S/o Shri Krishna Murari are on bail, their bail bonds are

    discharged.

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    In view of the provisions of Section 437-A CrPC (Section 481

    Bharatiya Nagarik Suraksha Sanhita, 2023), the appellants namely

    Shakeel @ Bakra S/o Shri Abdul Khalil, Shahid S/o Mushtak

    Ali and Praveen Kumar S/o Shri Krishna Murari are directed

    to furnish a personal bond each in the sum of Rs.25,000/- and a

    surety in the like amount each within four weeks before the

    Registrar (Judl.) of this Court which shall be effective for a period

    of six months with the stipulation that in that event of special

    leave petition being filed against the judgment or on grant of

    leave, the appellants aforesaid, on receipt of notice thereof, shall

    appear before the Hon’ble Supreme Court.

                                        (SAMEER JAIN),J                                   (MAHENDAR KUMAR GOYAL),J
    
                                       JKP/40-42
    
    
    
    
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