IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

S.B. CR. MISC. THIRD BAIL APPLICATION NO.8331/2015.

: :

Radha Kishan Vs. State of Rajasthan

: :

Date of Order :: 24.08.2015

HON'BLE MR. JUSTICE

PRASHANT KUMAR AGARWAL

.

Mr. N. K. Singhal, for the petitioner.

Mr. Anil Yadav, Public Prosecutor.

Heard learned counsel for the parties.

The accused-petitioner, who is facing trial for the offence under

Section 307 IPC, has filed this third application for grant of bail under Section 439

Cr.P.C. in respect of FIR No.63/2013 registered at Police Station Sewar, District

Bharatpur. The earlier bail applications filed by the petitioner were considered and

dismissed by this Court on the merit by reasoned orders. The present application

has been filed mainly on the ground that some more prosecution witnesses have

been examined by the trial Court and they have not supported the prosecution

case.

Although the alleged eye-witnesses of the incident-Shri Dheeraj

Singh, Shri Omveer Singh, Shri Balbeer Singh and Shri Visvendra Singh have not

supported the prosecution case during the trial and they have been declared

hostile, but on consideration of submissions made on behalf of the respective

parties and the material made available for my perusal and more particularly in

view of the statments of the injured-Shri Kishan Singh and PW.3-Dr. Dinesh

Agarwal and PW.5-Shri Sanjay Choudhary, I do not find any substantial change in

the facts and circumstances of the case so as to allow this application for grant of

bail of the petitioner at this stage of the proceedings.

Consequently, the third application for grant of bail is dismissed.

(PRASHANT KUMAR AGARWAL),J.

A.Arora/-

All corrections made in the judgment/order have been incorporated in the

judgment/order being emailed.” AMIT ARORA

PERSONAL ASSISTANT