Jabbar Singh vs State Of Rajasthan

Vinit Kumar Mathur, J

The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.495/2021, Police Station Ratanada, Jodhpur for the offences under Sections 332, 353, 307, 302/34, 115 & 120-B IPC and Sections 3/25 and 27 of Arms Act.

Heard learned Senior Counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned Senior Counsel for the petitioner submits that the second bail application was rejected by this Court on 12.05.2022 with liberty to file fresh bail application after the statements of Devaram, Sushila, Manju, Nawab Khan, Kishore Singh, Sohan and Mukesh Regar are recorded before the trial court. Learned Senior Counsel further submits that the statements of the witnesses mentioned in the order dated 12.05.2022 have been recorded before the trial court as PW-1 to PW-8. Learned Senior Counsel further submits that in all statements, it has come on record that while the injured Suresh Singh was taken to the hospital, he mentioned that because there is an old enmity between the petitioner and the injured Suresh Singh which resulted in the firing upon the deceased Suresh Singh. Learned Senior Counsel further submits that even the statement made by the injured to the examined prosecution witnesses is without any basis and there is no iota of evidence on record to support or corroborate the statement made by Suresh Singh. Learned Senior Counsel further submits that even the independent eye-witness PW-3 Mukesh Regar has not supported the prosecution case, thus, he has been declared hostile. Learned Senior Counsel submits that even the persons who had fired on Suresh Singh have not been arrested so far. He further submits that the petitioner has already undergone the incarceration since 22.12.2021. He further submits that there is no evidence worth credence to implicate the present petitioner in the present case. Therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the third bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Jabbar Singh S/o Sh. Jai Singh arrested in connection with F.I.R. No. 495/2021, Police Station Ratanada, Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.