The court established that a significant change in the evidence, particularly when key witnesses turn hostile, can justify the granting of bail under Section 439 Cr.P.C.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioner after the key eyewitnesses turned hostile, undermining the prosecution's case. The legal provision under Section 439 Cr.P.C. allows for bail when the evidence against the accused is weakened, influencing the court's decision to release the petitioner on bail with conditions.
Fact of the Case:

The petitioner, Ramesh, was in custody for an alleged murder (F.I.R. No.152/2020) of his sister-in-law, Neema. His first bail application was rejected, but he was allowed to reapply after key witnesses were examined.
Finding of the Court:

The court found that the two key eyewitnesses, Ravji and Raju, did not support the prosecution's case and were declared hostile, which significantly weakened the evidence against the petitioner.
Issues: Whether the petitioner is entitled to bail given the hostile testimonies of the key witnesses.
Ratio Decidendi: The court held that the change in the witnesses' testimonies, which were crucial to the prosecution's case, warranted a reconsideration of the bail application under Section 439 Cr.P.C.
Result: The court allowed the second bail application, directing the petitioner to be released on bail upon furnishing a personal bond and sureties.

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the parties. Perused the material available on record.

2. The instant second bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.152/2020, registered at Police Station Motagaon, District Banswara for the offence under Section 302.

3. The first application for bail submitted on behalf of the petitioner was rejected by this Court vide order dated 01.04.2021 giving him liberty to file a fresh application for bail after examination of the witnesses Ravji and Raju at the trial. Subsequent thereto, the statements of these two witnesses have been recorded at the trial. They did not support the prosecution case and were declared hostile. The petitioner is the brother-in-law of the deceased Neema who was married to Vinod about 13 years prior to the incident. Neema was done to death in the matrimonial home whereafter, the FIR came to be registered. The witnesses, referred to supra, were projected to be the only two eye-witnesses of the incident. However, as they have turned hostile, I am of the opinion that the petitioner deserves to be enlarged on bail.

4. Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Ramesh arrested in connection with the F.I.R. No.152/2020, registered at Police Station Motagaon, District Banswara shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.

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