Sharwan Kumar vs State

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.176/2020, Police Station Bhinmal District Jalore for the offences under Sections 450, 394, 307, 302 of IPC and section 3/25 of Arms Act.

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

It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this court vide order dated 07.09.2020, four

prosecution witnesses have been examined. Learned counsel submits that PW1 Ganesha Ram who is lodger of the FIR and witness of certain

recoveries has not supported the prosecution and thus, he has been declared hostile.

PW2 Peera Ram who is a recovery witness of fire arm, Â has not supported the prosecution and thus, he has been declared hostile. PW3 Punma

Ram who is a recovery witness of C.C. TV Camera and hard Disc has also not supported the prosecution story and thus, he has been declared

hostile. PW4 Darma Ram who is an eye witness of the incident has been declared hostile as he has not supported the prosecution case. The counsel

submits that except the testimony of the witnesses examined before the trial court, there is no cogent evident to support the case of the prosecution.

Therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail. Having regard to the peculiar facts and circumstances of the case, this Court deems it just and proper

to release the petitioner on bail.

Consequently, the second bail application is allowed. It is ordered that the accused-petitioner Sharwan Kumar S/o Hemaram arrested in connection

with F.I.R. No.176/2020, Police Station Bhinmal District Jalore shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-

(Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial

court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.