Bail can be granted when witnesses turn hostile and cannot identify the accused, especially when the trial is expected to be lengthy.

JUDGMENT

In S.B. Criminal Miscellaneous Bail Application No. 14116/2021 & S.B. Criminal Miscellaneous Bail Application No. 14118/2021 The above bail applications shall stand decided by this common order as they arise out of the same FIR.

The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.123/2021, Police Station Sadar, District Banswara, registered for the offences under Section 395 & 120-B of IPC.

Heard and considered the arguments advanced by learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners stated that at the time of rejection of first bail application decided by this Court vide order dated 05.08.2021, liberty was given to the petitioners to file fresh bail application recording the statement of eye witnesses. Now, statement of injured eye witnesses Deepak and Shanker Lal has been recorded before the trial Court as PW-2 and PW-3 respectively. Although, the witnesses partly supported the story of prosecution, but clearly stated that they could not identified the accused-petitioners and they declared hostile; further investigation and the trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor opposed the bail application and stated that amount was forcefully taken by the accused-petitioners.

Having regard to the facts and circumstances of the case, particularly to the fact that eye witnesses Deepak and Shanker Lal from whom custody amount was forcefully allegedly taken by accused-petitioners and they turned hostile; accused-petitioners could not identified by the above said eye witnesses; further investigation and the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

Consequently, the bail applications are allowed. It is ordered that the accused-petitioners No. 1. Rahul S/o Annadag, 2. Ejaj Ulla Khan S/o Miyamat Ulla Khan Pathan, arrested in connection with F.I.R. No.123/2021, Police Station Sadar, District Banswara, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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. In S.B. Criminal Miscellaneous Bail Application No. 14115/2021 The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.123/2021, Police Station Sadar, District Banswara, registered for the offences under Section 395 & 120-B of IPC.

Heard and considered the arguments advanced by learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners stated that statement of injured eye witnesses Shanker and Deepak has been recorded before the trial Court as PW-2 and PW-3 respectively. Although, the eye witnesses partly supported the story of prosecution, but clearly stated that they could not identified the accused- petitioners and they declared hostile; further investigation and the trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor opposed the bail application and stated that amount was forcefully taken by the accused-petitioners.

Having regard to the facts and circumstances of the case, particularly to the fact that eye witnesses Shanker and Deepak from whom custody amount was forcefully all