Chandraprakash vs State Of Rajasthan

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.

144/2018, Police Station Rajiyasar, District Sri Ganganagar for the offences under Sections 302 & 201 of I.P.C.

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

Learned counsel for the petitioner submits that there were three eye-witnesses of the incident, namely, Palaram (P.W. 3), Santram (P.W. 4) and

Suman (P.W. 9) who have appeared before the learned trial court but have not supported the story of the prosecution and thus, they have been

declared hostile. He further submits that except the testimony of these three eye-witnesses, there is no other evidence in the present case to show the

connectivity of the present petitioner with the offences alleged in this case. He, therefore, prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the

arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Chandraprakash S/o

Santram arrested in connection with F.I.R. No. 144/2018, Police Station Rajiyasar, District Sri Ganganagar 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.