Vikram Singh vs State Of Rajasthan

Vinit Kumar Mathur, J

The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.283/2019, Police Station Siwana, District Barmer for the offence punishable under Sections 147, 148, 323/149, 307/149, 302, 120-B of Indian Penal Code & under Section 3/25 of Arms Act.

The first bail application of the petitioner was dismissed on 12.01.2021 by this Court.

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

It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the statement of the star witness Malam Singh has been recorded before learned trial Court as PW.3. Learned senior counsel submits that as per the statement of PW.3 Malam Singh who is an injured eye witness, the fire arm injury attributable to Prithvi Singh resulted into the death of Chhotu Singh. As per the postmortem report also, the same is getting corroborated. Learned senior counsel further submits that even as per the statement of PW.3 Malam Singh, the fire arm injury attributed to Vikram Singh is not getting corroborated from the medical documents and in the statement, it has come on record that Malam Singh has not seen Vikram Singh making a fire on the deceased Chhotu Singh. He, therefore, submits that he petitioner Vikram Singh may be enlarged on bail.

Per contra, learned public prosecutor supported by Shri Pradeep Shah have vehemently opposed the submissions made by learned Senior Counsel. They submit that the petitioner - Vikram Singh was also present at the time of incident. They further submit that the recovery of pistol is also made from the present petitioner.

I have considered the submissions made at the Bar and gone through the relevant record of the case including the statement of PW.3 Malam Singh.

A close reading of the statement of PW.3 Malam Singh who is an injured eye witness clearly shows that the fire-arm injury which ultimately proved fatal is attributed to Prithvi Singh, although the presence of the present petitioner cannot be doubted, however, in the statement of PW.3, Malam Singh, it has come on record that he has not seen Vikram Singh making a fire. It is further noted that even the postmortem report mentions about the only fire arm injury which is attributed to Prithvi Singh.

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, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Vikram Singh S/o Sh. Bhanwar Singh, shall be released on bail in connection with FIR No. 283/2019, Police Station Siwana, District Barmer provided he furnishes a personal bond in a sum of Rs.50,000/-(Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.