Sunil @ Bhup Singh vs State

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.194/2019 of Police Station Bhadra, District Hanumangarh for the offences punishable under Sections

304/149, 458, 323, 336, 147 and 504 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of the second bail application of the petitioner, statements of as many as four

prosecution witnesses have been recorded. It is submitted that PW-1 Ashish Jain and PW-4 Durga Prasad Sharma in their statements have

categorically stated that cause of death of the deceased Jai Singh was brain hemorrhage on account of hyper tension. It is submitted that both the

doctors have also specifically stated that there were no external injuries on the body of the deceased. It is submitted that as a matter of fact, the

deceased suffered brain hemerage on 30.06.2019 but on 01.07.2019, an FIR was lodged alleging that the deceased was assaulted by the petitioner and

other co-accused persons. It is submitted that on 16.07.2019, injured Jai Singh died at Jaipur while he was admitted in hospital. It is submitted that if

the petitioner and other co-accused persons had assaulted the deceased, it is difficult to comprehend that he died on 16.07.2019 on account of brain

hemorrhage. It is submitted that petitioner has falsely been implicated in this case on account of political rivalry. It is also submitted that only four

witnesses have been examined till date and many prosecution witnesses are yet to be recorded.

Learned Public Prosecutor as well as counsel for the complainant have 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 Sunil @ Bhup Singh S/o Ram Prasad shall

be released on bail in connection with FIR No.194/2019 of Police Station Bhadra, District Hanumangarh 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.