Sarvesh Kumar vs State Of Rajasthan

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.303/2022, registered at Police Station Padampur, District Sriganganagar, for offences under Sections 302 and 34 IPC.

The first bail application of the petitioner was dismissed by this Court vide order dated 13.07.2023.

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

Learned counsel for the petitioner submitted that the petitioner has not been named in the F.I.R. Learned counsel submitted that during pendency of the present bail application, statements of seven cited prosecution witnesses have been recorded before the competent criminal court. It was urged that statements of last seen witness - Puneet (P.W.-6) and complainant – Sajan (P.W.-1) have been recorded before the competent criminal court and both the witnesses have not supported the prosecution story and turned hostile. Learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of conjectures and surmises without there being any direct or circumstantial evidence against him.

Lastly, learned counsel for the petitioner submitted that since material witnesses of the case have turned hostile and there are no chances of the petitioner influencing the remaining witness or tampering with the evidence, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that material witnesses of the case have not supported the prosecution story and turned hostile.

Learned counsel for the complainant submitted that he has no objection in case the petitioner is enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner has not been named in the F.I.R.; the case against the petitioner is based upon conjectural theory of last seen evidence.

This Court also prima facie finds that last seen witness - Puneet (P.W.-6) and complainant – Sajan (P.W.-1) during their court statements have not supported the prosecution story and turned hostile. This Court also prima facie finds that the prosecution has not shown any apprehension of the petitioner influencing the remaining witnesses. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sarvesh Kumar S/o Soni Lal arrested in connection with F.I.R. No.303/2022, registered at Police Station Padampur, District Sriganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/-and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.