Ashirwad Singh vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.210/2018 of Police Station Nokha, District Bikaner for the offences punishable under Sections 302, 201, 396 and 34 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per prosecution story, the petitioner along with two other persons viz. Anil Kumar and Chamkila Lal have committed murder of deceased Rugha Ram. It is submitted that the police, after arresting the petitioner, have shown recovery of axe from him and the police while filing charge-sheet have also relied upon the statements of two witnesses viz. Lichma Devi and Khema Ram, who have stated that before the alleged incident, the deceased was in company of the petitioner and two other co-accused persons. Learned counsel for the petitioner has submitted that the statements of two last seen witnesses viz. Khema Ram and Lichma Devi have been recorded before the trial court as PW-1 and PW-2 respectively and they have not supported the prosecution story and turned hostile. It is also submitted that the complainant Asu Ram PW-3 has also not supported the prosecution story and turned hostile and in his cross-examination has specifically stated that when he found the dead body of Rugha Ram, an axe, empty water bottle, shoes of the deceased and his mobile phone were also lying beside the dead body and the police have collected the said articles along with dead body. Learned counsel for the petitioner has submitted that from the above piece of evidence, it is evident that recovery of axe, at the instance of the petitioner, is fake because the complainant himself has said that the axe used in commission of crime was lying beside the dead body and the police have collected the same. It is aruged that when most of the prosecution witnesses have turned hostile and recovery of axe ued in commission of crime at the instance of the petitioner is doubtful, it would be very difficult for the prosecution to prove the guilt of the petitioner. Learned counsel for the petitioner has also submitted that co-accused Anil Kumar and Chamkila Lal have already been enlarged on bail.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Ashirwad Singh S/o Bikar Singh shall be released on bail in connection with FIR No.210/2018 of Police Station Nokha, District Bikaner provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.