Mukesh vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.89/2023, registered at Police Station Kushalgarh, District Banswara, for offence under Section 302 IPC.

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

As per prosecution, the allegation against the present petitioner is that he assaulted the deceased Madi with fists and kicks. Drawing attention of the Court towards the statements of complainant – Bahadur and other eye witnesses namely Rajesh, Rakesh Vijesh and Jagga recorded before the competent criminal court, learned counsel for the petitioner submitted that the complainant and other eye witnesses in their court statements have not supported the prosecution story and turned hostile. Learned counsel submitted that in view of the fact that the complainant and other eye witnesses have not supported the prosecution story and turned hostile, the chances of the petitioner getting convicted in the present case are very bleak. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the complainant and other eye witnesses have not supported the prosecution story and turned hostile.

Having considered the rival submissions, facts and circumstances of the case, so also the fact that the complainant and other eye witnesses have not supported the prosecution story and turned hostile, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Mukesh S/o Shri Bahadur arrested in connection with F.I.R. No.89/2023, registered at Police Station Kushalgarh, District Banswara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.