Ratan Lal 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.161/2023, registered at Police Station Bhadesar, District Chittorgarh, for the offences under Sections 341, 323, 302 & 34 of IPC.

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

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that co-accused – Hansraaj (S.B. Criminal Miscellaneous Bail Application No. 1647/2024) has already been enlarged on bail by this Court vide order dated 28.02.2024.

Learned counsel further submitted that eye witnesses of the alleged incident namely Laxman Lal Bhambi, Ratan Lal Bhambi, Badami Devi, Santosh Kumari, Shyamlal and Kamlesh in their statements recorded under Section 161 Cr.P.C., stated that the head injuries with a blunt weapon were inflicted upon the deceased- Kankubai by the present petitioner. Learned counsel submitted that the statements of aforementioned eye-witnesses have been recorded before the competent criminal court.

Drawing attention of the Court towards the statements of the eye-witnesses viz. Laxman Lal Bhambi (PW.1), Ratan Lal Bhambi (PW.2), Badami Devi (PW.3), Santosh Kumari (PW.4), Shyamlal (PW.6) recorded before the competent criminal court, have not supported the prosecution’s story during their Court statements and have turned hostile.

Lastly, learned counsel for the petitioner submitted that 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.

Per Contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the seriousness of accusations levelled against the present petitioner, he does not deserve to be enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of eye witnesses of the incident namely Laxman Lal Bhambi (PW.1), Ratan Lal Bhambi (PW.2), Badami Devi (PW.3), Santosh Kumari (PW.4), Shyamlal (PW.6) recorded before the competent criminal court, this Court prima facie finds that the material eye-witnesses of the incident have not supported the prosecution’s story during the Court statements and have turned hostile; co-accused – Hansraaj has already been enlarged on bail by this Court vide order dated 28.02.2024; the prosecution has not shown any apprehension of petitioner influencing the remaining prosecution witnesses or fleeing away from justice, in case, he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the accused-petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ratan Lal S/ o Gotu Lal, arrested in connection with F.I.R. No.161/2023, registered at Police Station Bhadesar, District Chittorgarh, 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.