Bail granted due to lack of evidence and co-accused released.

ORDER :

KULDEEP MATHUR, J.

1.This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.54/2023, registered at Police Station Sadulshahar, District Ganganagar, for offence under Sections 364/34, 302/34 and 201 of IPC.

2. Heard learned counsel for the parties at Bar. Perused the material available on record.

3. Drawing attention of the Court towards the FIR and the challan papers, learned counsel for the petitioner submitted that the petitioner has not been named in the FIR. The case of the prosecution entirely rests upon the circumstantial evidence.

4. Learned counsel further submitted that the star prosecution witness- Mandeep Kumar, who has last seen the deceased together with the petitioner and the co-accused persons, has not supported the prosecution story during his Court statements and has turned hostile.

5. Learned counsel submitted that the co-accused persons namely Gorisankar (S.B. Criminal Misc. 2^nd Bail Application No.13650/2024) and Virender Kumar (S.B. Criminal Misc. Bail Application No.9124/2024) have already been enlarged on bail by this Court and the co-ordinate Bench of this Court vide orders dated 12.12.2024 and 17.09.2024 respectively.

6. Learned counsel submitted that the petitioner is in judicial custody since 10.02.2023; the statements of the material prosecution witnesses have already been recorded before the competent criminal Court and therefore, now there is no apprehension of the petitioner influencing them or tampering with the evidence; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

7. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail. He was also not in a position to refute the fact that the last seen witness of the case- Mandeep Kumar during his Court statements has not supported the prosecution story and has turned hostile.

8. Having considered the rival submissions, facts and circumstances of the case and particularly keeping in view the fact that the above named co-accused persons have already been enlarged on bail and without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

9. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner- Surender Kumar S/o Shri Nathu Ram, arrested in connection with F.I.R. No.54/2023, registered at Police Station Sadulshahar, District Ganganagar, 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.

10. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.