Advocates:
['SHAMBHOO SINGH RATHORE', '', 'BHARAT SINGH RATHORE', 'HITENDRA SINGH', 'SHIVANI RATHORE', 'PP']

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[CRLMB-13822/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 13822/2021

Suresh S/o Shri Fula, Aged About 35 Years, R/o Village

Kangaliya, P.S. Anandpuri, District Banswara (Rajasthan)

(Presently Lodged In District Jail, Banswara)

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s)

:

Mr. Shambhoo Singh Rathore (on VC)

For Respondent(s)

:

Mr. Javed Gauri, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

10/02/2022

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.

114/2020 of Police Station Anandpuri for the offences punishable

under Section 302, 201 & 392 IPC. He has preferred this second

bail application under Section 439 Cr.P.C.

Brief facts of the case are that deceased Dhanji, on

04.06.2020, took his bank diary and went to get the V.C. done,

but did not return back. However, on 05.06.2020, his dead body

was recovered in a seasonal rain water drain and his earrings were

found missing, as the same were cut from his ears.

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[CRLMB-13822/2021]

Learned counsel for the petitioner submits that there are two

crucial set of witnesses, one is who identified the recovery of the

earrings and the other who deposed regarding the chain of events.

Learned counsel further submits that the petitioner is in custody

since 09.06.2020.

Learned counsel for the petitioner has drawn the attention of

this Court towards the crucial witnesses, who are FIR lodger and

Kanti Lal (son of the deceased), who was examined as PW-10 and

who has stated in his cross-examination that he had seen the

earrings at the police station itself. Learned counsel for the

petitioner submits that such statement vitiates the independence

of the recovery proceedings.

Learned Public Prosecutor opposes the bail application.

This Court takes note of the fact that the crucial witnesses of

prosecution i.e. PW-1, 2 & 3 have turned hostile and the only

evidence worth linking the present petitioner with the deceased at

this stage are the persons, who stand with the recovery and

identification of the earrings.

On conjoint consideration of the fact that PW-1, 2 & 3 have

turned hostile; PW-10 the FIR lodger and the son of the deceased

has put a question mark on the recovery of the earrings, the time

of custody, as well as the fact that the petitioner is having no

previous criminal antecedents as reported by the Public

Prosecutor, this Court is not inclined to continue the custody of the

present petitioner in this case at this stage.

Thus, having regard to the totality of the facts and

circumstances of the case as also the fact that conclusion of the

proceedings is likely to take some time and without expressing

any opinion on the merits of the case, this Court deems it just and

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[CRLMB-13822/2021]

proper to grant bail to the accused petitioner under Section 439

Cr.P.C.

Accordingly, this second bail application filed under Section

439 Cr.P.C. is allowed and it is directed that petitioner Suresh S/o

Shri Fula shall be released on bail in connection with FIR No.

114/2020 of Police Station Anandpuri provided he executes a

personal bond in a sum of Rs.50,000/- with two sound and solvent

sureties of Rs.25,000/- each to the satisfaction of learned trial

court for his appearance before that court on each and every date

of hearing and whenever called upon to do so till the completion of

the trial.

(DR.PUSHPENDRA SINGH BHATI),J.

44-Zeeshan