Bail may be granted when material witnesses turn hostile and no weapon is recovered, despite serious allegations.

ORDER :

(KULDEEP MATHUR, J.)

1. This application for bail under Section 483 BNSS (439 Cr.P.C .) has been filed by the petitioner who has been arrested in connection with F.I.R. No.163/2024, registered at Police Station Naal, District Bikaner, for offences under Sections 103(1), 331(6), 115(2), 126(2), 324(2), 191(2), 191(3) & 190 of BNS.

2. Drawing attention of the Court towards the FIR and challan papers, learned counsel submitted that the specific allegation of inflicting fatal injury upon the head of the deceased has been levelled against the co-accused- Ramuram Jaat. Learned counsel further submitted that the statements of the material prosecution witnesses viz. Mala Ram (PW-1), Pana Devi (PW-2), Dama Ram (PW-3) and Pooja (PW-4) have already been recorded before the competent Criminal Court. Learned counsel submitted that the material prosecution witnesses during their Court statements have not supported the prosecution story and have turned hostile.

3. Learned counsel for the petitioner further submitted that no blunt/sharp weapon allegedly used in commission of the alleged crime has been recovered from the present petitioner.

4. Lastly, learned counsel submitted that the petitioner is in judicial custody; the statements of the material prosecution witnesses have already been recorded before the competent Criminal Court and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the seriousness of the allegations levelled against the present petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the specific allegation of causing fatal injury upon the head of the deceased has been levelled against the co-accused- Ramuram Jaat. He was also not in a position to refute the fact that the material prosecution witnesses during their Court statements have not supported the prosecution story.

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

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 bail application under Section 483 BNSS (439 Cr.P.C .) is allowed. It is ordered that the accused-petitioner- Sukharam S/o Moolaram, arrested in connection with F.I.R. No.163/2024, registered at Police Station Naal, District Bikaner, 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.

9. 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.