Kuldeep vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.497/2018 Police Station Ambamata, District Udaipur for the offences under Sections 302 & 201 of IPC.

Mr. Choudhary, learned senior counsel appearing for the petitioner-applicant submits that first bail application filed by the petitioner was dismissed by this Court on 01.05.2020 as not pressed, whereafter the situation has changed as statements of all the important witnesses have been recorded by the trial Court and nothing has surfaced against the petitioner.

Inviting Court's attention towards the deposition of the witnesses, learned counsel submits that most of the witnesses have turned hostile and only one witness namely PW-6 - Laxman has deposed something against the petitioner that the deceased had received a phone call from Kuldeep (the present petitioner) and immediately thereafter the deceased (Laxman) set off while saying that as Kuldeep had called him, he was going to see Kuldeep.

Learned Senior Counsel invited Court's attention towards the cross-examination of said witness and pointed out that he has admitted that such statement was given by him neither in the FIR lodged by him nor in the statement given under Section 161 of Cr.P.C.

In view of the aforesaid, learned counsel submitted that the testimony of PW-6 (Laxman) cannot be believed as he has improved his version regardless of the fact that he was the person lodging the FIR.

Learned PP on the other hand submitted that PW-6 has clearly deposed that the deceased had gone to meet the petitioner. He argued that such statement is enough to establish the case against the petitioner as petitioner was the last seen person with the deceased.

Having perused the testimony of all the witnesses, this Court finds that almost all witnesses so far have turned hostile and even the witness of recovery too has turned hostile.

The only piece of evidence which can be said to be against the petitioner-applicant so far, is the testimony of PW-6; who too in his cross-examination is found to have improved his version.

That apart, the testimony of PW-6 (Laxman) who had deposed that the deceased had received a phone call from the applicant and whereafter he had proceeded to see the applicant is not enough to reach to a conclusion that the murder in question was committed by the applicant, inasmuch as even PW-6 does not depose to have seen the petitioner with the deceased.

In this view of the matter, I am inclined to grant bail to the applicant.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Kuldeep S/o Goverdhan Lal, arrested in FIR No.497/2018 Police Station Ambamata District Udaipur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to observe that the above observations made by this Court are on the basis of material so far produced before the Court. They are only prima-facie observation and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.