Gangaram 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.224/2016 of Police Station Pachpadra, District Barmer for the offences punishable under Sections 302 and 120-B IPC. He has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the police have filed charge-sheet against the petitioner mainly on the basis of the statements of three witnesses viz. Mangilal @ Magharam, Champalal and Ummeda Ram. It is submitted that though the above named persons, during the course of police investigation, had stated that a day before the recovery of the dead body of the deceased, they had seen the petitioner along with the deceased. It is submitted that now the statements of last scene witnesses viz. Mangilal @ Magharam, Champalal and Ummeda Ram have been recorded as PW-11 to PW-13 respectively. It is submitted that PW-11 Mangilal @ Magharam and PW-13 Ummeda Ram have not supported the prosecution story and turned hostile whereas PW-12 Champalal in his court statements has simply stated that he had seen the deceased going on motorcycle with a person but he does not know that who was that person. Learned counsel for the petitioner has argued that from the evidence of last scene witnesses, on the basis of which the police have filed charge-sheet against the petitioner, it is clear that the petitioner has falsely been implicated in this case.

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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Gangaram S/o Kesaram shall be released on bail in connection with FIR No.224/2016 of Police Station Pachpadra, District Barmer 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.