Dhara Singh S/o Gulab Bavri @APPELLANT@Hash State Of Rajasthan

Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on

record.

The petitioner has been arrested in FIR No.64/2016 of Police Station Rathanjana, Distt. Pratapgarh for the offences punishable under Sections 147,

148, 323, 341, 324, 307, 302/149 IPC and Sections 4/25 and 3/25 of the Arms Act. He has preferred this second bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that in this case, initially in the FIR, as many as eight persons were named as accused, however later

on, the police have filed charge-sheet against five persons, out of which, three persons have not been named in the FIR. It is also submitted that the

injured witnesses PW-1, PW-6, PW-8 and PW-9 though have stated in their statements that the petitioner had assaulted the injured, but all the

prosecution witnesses had come with a different story as some of the witnesses have stated that the petitioner had fired gun shot whereas, some of

the witnesses have stated that he inflicted injuries by sword. It is also submitted that none of the injured witnesses has received any gun shot injury

and no sword has been recovered at the instance of the petitioner and only an air gun has been recovered from him. It is further submitted that looking

to the contradictions regarding the role of the petitioner as stated by the prosecution witnesses, it is very difficult to convict him for the offence

punishable under Section 302 IPC. It is further submitted that as per the post-mortem report, deceased - Vakil died on account of head injury caused

by a blunt weapon, but none of the prosecution witnesses has alleged that the said injury was caused by the petitioner. It is also submitted that other

co-accused persons namely Lal Chand, Nand Lal and Murli have already been enlarged on bail and the case of the petitiner is on better footing than

those of co-accused persons, who have been enlarged on bail.

Per contra, learned Public Prosecutor as well as learned counsel for the complainant have 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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner â€" Dhara Singh S/o Gulab Bavri

shall be released on bail in connection with FIR No.64/2016 of Police Station Rathanjana, Distt. Pratapgarh provided he executes a personal bond in

the 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.