Dalpat Singh And Ors vs State Of Rajasthan

Heard learned counsel for the parties and also perused the material on record.

The petitioners have been arrested in FIR No.10/2018 of Police Station Lohawat, District Jodhpur for the offences punishable under Sections 148,

342, 302 and 302/149 IPC. They have preferred these second bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the complainant PW-1 Aduram has specifically admitted that he was not present at the scene of

crime when the alleged incident took place. It is further submitted that so far as two so called eye witnesses viz. PW-2 Kisnaram and PW-3 Ramesh

are concerned, their statements have been recorded by the police for the first time on 06.03.2018 i.e. after the delay of one and half months of the

incident. It is submitted that the prosecution witnesses PW-2 and PW-3, in their statements, have specifically admitted that they did not inform the

police that they are the eye witnesses of the incident, however, some persons gathered at the place of incident gave their mobile numbers to the

police. It is submitted that PW-2 is the father-in-law of the deceased and PW-3 is the brother ¼/keZHkkbZ½ of the wife of the deceased.

Learned counsel for the petitioners has submitted that the evidence of the witnesses PW-2 and PW-3 cannot be said to be reliable as for the first time

their statements were recorded by the police after a delay of one and half months of the incident and both of them are relatives of the deceased in

some manner.

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail applications.

Having regard to the totality of the facts and circumstances of the case and after taking into consideration the fact that the statements of the eye

witnesses viz. PW-2 and PW-3 were recorded by the police after a delay of one and half months and they are relatives of the deceased in some

manner, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439

Cr.P.C.

Accordingly, these second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Dalpat Singh S/o Panne Singh

and Shrawan Singh S/o Anoop Singh shall be released on bail in connection with FIR No.10/2018 of Police Station Lohawat, District Jodhpur provided

each of them 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.