Abhishek @ Abhimanyu vs State Of Rajasthan

Dinesh Mehta, J

This second application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No.357/2023, registered at Police Station Subhashnagar, District Bhilwara for the offences under Sections 147, 148, 149, 302/34 of the Indian Penal Code, 1860 and Section 4/25 of Arms Act,1959.

Mr. Charan, learned counsel for the applicant submitted that applicant’s first bail application was rejected on 04.01.2024, while giving a liberty to the applicant to file a fresh bail application after the statement of eye-witnesses namely Rajendra Yadav and Narayan Bairwa are recorded.

Learned counsel for the applicant while informing that the statements of above referred two eye-witnesses have been recorded on 08.01.2024 and 01.03.2024 respectively submitted that Narayan Bairwa (PW-1) has turned hostile whereas, Rajendra Yadav (PW-2) has changed his version.

While inviting Court’s attention towards the conclusion of the charge-sheet, more particularly the statement of Rajendra Yadav (PW-2), learned counsel for the applicant argued that as per the prosecution story, it was the applicant who had abeted and instigated the main accused (Harish) to stab knife and cause injuries to the deceased (Ajay), whereas, statement given in the Court reveals that eye-witness Rajendra Yadav has changed the version of his story. He argued that even as per his statement, it cannot be said that eye-witness has seen anybody causing stab injuries upon the body of deceased.

Learned Public Prosecutor vehemently opposed the bail application.

Learned counsel for the complainant has also opposed the bail application while submitting that true it is that the eye-witness does not attribute knife injury to any person specifically (including the applicant) but the fact that knife has been recovered from him disentitles the applicant from right of bail.

Heard learned counsel for the parties and perused the material available on record.

If the prosecution story narrated in the charge-sheet is considered, the allegation against the applicant was that of abetment, whereas, from a reading of the statement of eye-witess (Rajendra Yadav), it transpires that he has not seen the incident when the deceased was inflicted with knife injury and only omnibus allegations have been made in the statement, which does not attribute stab injury to anyone, including the present applicant.

In view of the aforesaid and considering the change in the stand of the eye-witness and lacuna in the prosecution story, I am inclined to accept the bail application of the present applicant.

Consequently, this second bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant Abhishek @ Abhimanyu S/o Mithulal Gujrati arrested in connection with FIR No.357/2023, registered at Police Station Subhashnagar, District Bhilwara, shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.