Pushkar vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.43/2021 of Police Station Pratapnagar, Udaipur for the offence punishable under Sections 364, 302, 201, 120-B of the IPC.

The first bail application was dismissed as not pressed vide order dated 14.07.2022 by co-ordinate Bench of this Court.

Learned counsel for the petitioner submits that after rejection of first bail application, statement of only one witness i.e. Dalu (PW-8) has been examined before the trial Court and according to his statement, Bhagwati Lal, Kesi Bai and Pushkar caused injuries to the deceased. Counsel further submits that in the FIR, the complainant has stated that on 02.12.2020, present petitioner along with Bhagwati Lal, and Kesi Bai started beating his son after that his son came back to the house. In the evening, accused Bhaga called his son to pick up his motorcycle. Later on, on 07.12.2020, the dead body of deceased was found. It is submitted that Dalu is not an eye-witness and Bhaga was not made as an accused by the Police. Thus, the petitioner has not taken part in alleged commission of crime. The petitioner is in the 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 prayer for bail. Heard learned counsel for the petitioner as well as learned public prosecutor and perused the material available on record. After rejection of first bail application, only one witness has been examined and some other eye-witnesses are yet to be examined before the trial Court. In these circumstances without expressing any opinion on merit and demerit of the case, this Court is not inclined to grant benefit of bail to the petitioner at this stage.

Hence, the second bail application filed by the petitioner is hereby rejected.