Judgment · High Court · 2010

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioners. Shri Brahmanand Sharma-representative of learned PP for the State. ****** This second application for grant of bail pending trial has been filed by accused-petitioners. The first bail application was rejected by order of this Court dated 14.7.2010 and a liberty was granted to the petitioners to again apply for bail after the statement of eye witnesses Ramesh Chand, Surendra Singh and Jaswant Mewara are recorded. The bail application has now been filed on the premise that not only those three witnesses, but statement of one more witness Naurat Mal has been recorded. Ramesh Chand-PW1, Jaswant Mewara-PW2, Surendra Singh-PW3 and Naurat Mal-PW4, all of them have been declared hostile. It is contended that except these, there is no other eye witness and when none of the eye witnesses supported the prosecution version, there is possibility of accused petitioners being acquitted in trial. The representative of the learned PP though opposed the bail, but could not dispute the correctness of the above fact. 2 Even otherwise, the certified copies of these statements are on record. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Ashok Singh S/o Gulab Singh Rawat and (2) Vikram @ Bablu S/o Kana Ram Kumhar shall be released on bail in F.I.R. No.191/2010, P.S. Beawar City, Distt. Ajmer for offence u/s. 323, 341 and 304 of IPC on each of them furnishes a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/