Roop Singh vs State of Rajasthan

This second bail application has been filed under Section 439 CrPC in connection with FIR No.249/2019 registered at Police Station Sikandra, District

Dausa for the offences under Sections 302, 201 IPC.

Learned counsel for the petitioner submits that the first bail application was rejected without hearing the counsel as the counsel could not be connected

in video conferencing. Learned counsel submits that while rejecting the first bail application, this court has noticed that 10 witnesses have already been

examined, however he submits that thereafter no further witness has been examined till date. It is also stated that the statements of the eye- witnesses

and the complainant, namely Mahendra Singh and Dhara Singh, have already been recorded and both the witnesses have turned hostile. There is no

other link to connect the petitioner with the crime alleged to have happened.

Learned Public Prosecutor has opposed the second bail application and submits that there are other statements which show that the petitioner was

involved in the other matter also.

I have considered the submissions. This Court while refraining from making any comments relating to the merits of the case, noticed that for almost 1

year no further statements have been recorded in the case and there are 29 witnesses to be examined in all.

Taking into consideration the above and without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail.

Therefore, this bail application is allowed and it is ordered that the accused-petitioner Roop Singh S/o Dheer Singh be released on bail under Section

439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.1,00,000/- with one surety in the like amount to the

satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.