Jagdish 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.87/2018 of Police Station Rani, District Pali for the offences punishable under Sections 302, 427 and 201/34 IPC. He has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that first bail application of the petitioner was rejected by this Court as not pressed because statements of some of the prosecution witnesses had been recorded before the trial court. It is submitted that now the statements of one witness Lakhan Singh have been recorded before the trial court as PW-3, wherein he has claimed that he has witnessed the said incident. Learned counsel for the petitioner has submitted that though PW-3 Lakhan Singh, in his police statements, has specifically stated that he reached the place of incident after the alleged assault upon deceased Man Singh had taken place but in his court statements, he has improved a lot and claimed that he is the eye witness of the incident. It is submitted that from bare reading of the whole statements of PW-3 Lakhan Singh, it is clear that he has improved a lot and falsely stated that he has witnessed the alleged incident. Learned counsel for the petitioner has further submitted that PW-1 Kala Ram, who happened to be the father of the accused person, has not supported the prosecution story and turned hostile. It is further submitted that PW-2 Dr. M.L. Mehta, in his evidence, has opined that all the injuries found on the body of the injured, during the course of postmortem, might have been caused by falling from motorcycle. It is submitted that in view of the above evidence, it is clear that the deceased died due to motorcycle accident but the complainant and other witnesses have falsely implicated the petitioner because the deceased was in illicit relationship with the sister of the petitioner.

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 - Jagdish S/o Kala Ram shall be released on bail in connection with FIR No.87/2018 of Police Station Rani, District Pali 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.