Bablu Singh @ Madhusudan Singh vs State

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.68/2016, Police Station Salasar District Churu, for offences under Sections 302, 364, 120-B/34 IPC.

Heard learned counsel for the parties. Perused the material available on record.

Learned Counsel Shri Verma states that the petitioner is in custody since July, 2016 and only one witness has been examined at the trial. He urges that the deceased Bhawani Singh was himself a history-sheeter and was absconding when he was murdered. As per him, the principal allegations of the prosecution are attributed to co-accused Bahadur Singh. He drew the court's attention towards the statement of the witnes Narpat Singh who alleged that the co-accused Bahadur Singh went with the deceased Bhawani Singh in a car. As per prosecution, monetary dispute also existed between Bahadur Singh and the deceased Bhawani Singh. He thus, urges that the petitioner is totally innocent and has falsely been implicated in this case on mere conjectures and surmises and deserves indulgence of bail.

Per contra, learned Public Prosecutor vehemently and fervently opposed the submissions advanced by petitioner's Counsel. However, he too is not in a position to dispute the fact that the main allegations of prosecution are against the accused Bahadur Singh. The recovery of shirt and passbook of the deceased which are attributed to the petitioner were made from nearby the place of incident while lying in open condition.

From the evidence of the witness examined during investigation, it is clear that the main allegations of the prosecution are against the co-accused Bahadur Singh.

Having regard to the overall facts and circumstances of the case as available on record and considering the fact that despite the petitioner having faced a prolonged custody period of almost three years, only one witness has been examined at the trial, this Court is inclined to extend indulgence of bail to him. Accordingly, this second bail application is allowed and it is directed that the petitioner Bablu Singh @ Madhusudan Singh S/o Bhanwar Singh arrested in connection with the F.I.R. No.68/2016, registered at Police Station Salasar, District Churu shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.