The absence of eyewitness testimony and hostile witnesses justifies granting bail, particularly in cases with circumstantial evidence and no clear motive.

ORDER :

KULDEEP MATHUR, J.

1.This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.188/2022 registered at Police Station Bengu, District Chittorgarh for offences under Sections 302 & 201 of IPC .

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

3. Learned counsel for the petitioner submitted that the allegation against the present petitioner is that he along with co-accused Rajendra Prasad killed one Smt. Rekha. The dead body of Smt. Rekha had recovered on 06.07.2022 in burnt condition in the forest of Hari Badaliya. Learned counsel vehemently submitted that there is no eye witness of the alleged incident. The entire case of the prosecution is based only on the circumstantial evidence. Learned counsel submitted that as per the prosecution the deceased was last seen in the company of present petitioner by the Saudan Singh (PW- 6), Ishwar Singh (PW-18) and Bhagwan Singh (PW-19). It is contended that the statements of the Saudan Singh (PW-6), Ishwar Singh (PW-18) and Bhagwan Singh (PW-19) have already been recorded before the competent Criminal Court and these witnesses in their Court’s statements have not supported the prosecution story and have turned hostile. Learned counsel further submitted that the other material prosecution witnesses including the complainant, i.e., Rajkumar (PW-1), Sanjay Kumar (PW-3), Jagdish (PW-4) and Vikas (PW-7) have also not supported the prosecution story and have turned hostile.

4. Drawing attention of the Court towards the case file, learned counsel for the petitioner submitted that the petitioner had no motive to commit the alleged crime. Learned counsel submitted that the co-accused Rajendra Prasad Beragi (S.B. Criminal Misc. Bail Application No.1350/2023) has already been enlarged on bail by this Court vide order dated 16.05.2023.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused- petitioner.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned counsel submitted that there is sufficient material available on record indicating the involvement of the present petitioner in commission of the alleged crime. However, he was not in a position to refute the fact that the above named material prosecution witnesses have not supported the prosecution story and have turned hostile before the competent Criminal Court.

7. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the present second bail application under Section 483 BNSS is allowed. It is ordered that the accused- petitioner Manoj Singh S/o Nagu Singh arrested in connection with F.I.R. No.188/2022 registered at Police Station Bengu, District Chittorgarh, 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.