Narendra Singh vs State Of Rajasthan

Vijay Bishnoi, J

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.211/2020 of Police Station Gogunda, District Udaipur for the offences punishable under Sections 341, 323, 302 and 34 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of first bail application of the petitioner by this Court, the statements of complainant – Ajay Singh (PW-4) and other prosecution witnesses viz. Yashwant Singh (PW-2), Mohan Singh (PW-5) and Ram Singh (PW-6) have been recorded.

Learned counsel for the petitioner has invited my attention towards the statements of complainant – Ajay Singh (PW-4) and submitted that he has not supported the prosecution story and turned hostile.

Learned counsel for the petitioner has also submitted that so far as the prosecution witness Yashwant Singh (PW-2) is concerned, it is clear from his court statement that he was not present at the scene of crime. It is further submitted that from the evidence of another eye witness Mohan Singh (PW-5), it is clear that he was also not present at the scene of crime and reached there only after the accused persons ran away. It is submitted that Ram Singh (PW-6) has specifically stated that he also reached the place of incident after the incident had occurred and found the deceased in injured condition.

Learned counsel for the petitioner has, therefore, submitted that from the above facts and circumstances of the case, it is clear that the petitioner has falsely been implicated in this case. It is also submitted that as a matter of fact, the motorcycle of which the deceased was pillion rider, met with an accident and due to fall from it, he succumbed to the injuries.

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 bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Narendra Singh S/o Shri Gian Singh shall be released on bail in connection with FIR No.211/2020 of Police Station Gogunda, District Udaipur 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.