Back
Rajasthan High Court grants bail, flags systemic fraud in murder trial over delayed witness statement
In a strongly worded order, the granted bail to murder accused Lekhraj while simultaneously directing a vigilance inquiry into the trial court and the Additional Public Prosecutor (APP) for what it termed a "" upon the criminal justice system. The crux of the Court's concern was the staggering 19-month gap between the and of the case's star witness—a delay the Court said was sufficient to "win over" the witness.
A Murder Charge and a Third Attempt at Bail
Lekhraj was arrested on in connection with FIR No.163/2023 registered at , District Ajmer, under . Named as the main assailant in the FIR and identified during a , he had previously seen two bail applications dismissed. His first application was rejected on , when the Court noted he was the principal accused and the murder weapon had been recovered at his instance. By the time the third application came up for hearing in , however, the prosecution's case had begun to unravel substantially.
The Witness Who Changed His Story
The pivotal development was the testimony of PW-8 Kishan Singh , the prosecution's star witness. During his on , Kishan Singh deposed as an eyewitness to the incident. However, his was repeatedly deferred—ostensibly because two co-accused were absent. It was finally completed on , at which point the witness did a complete volte-face, denying that he had witnessed the incident at all.
The petitioner's counsel, , argued that the entire case rested on Kishan Singh's testimony. He further pointed out that the CCTV footage certificate witness (PW-3) had denied issuing the certificate, the deceased's own parents (PW-1 and PW-2) had not supported the prosecution, and other eyewitnesses had . With 28 of 34 witnesses already examined, trial was progressing at a snail's pace.
The Public Prosecutor opposed the application, emphasising the grave and serious nature of the allegations.
'Persons in Helms of Affairs Are Indulged in Destroying the System'
Justice Ashok Kumar Jain, while granting bail, did not mince words about the conduct of both the trial court and the prosecution. The Court observed that on
, the trial court had adjourned the matter
"
and that too in a very liberal and casual manner,"
merely because two accused were absent.
"The statement of PW-8, who is the star witness of the case, could only be completed on 06.04.2026, and the period between recording of
and
was sufficient to win over the witness,"
the Court noted.
"This again clearly indicate
played with the criminal justice system, and all are involved in fraud with the system. Now, no one is there to protect the system when the persons in helms of affairs are indulged in destroying the system,"
the order read.
The Court further criticised the APP for failing to declare PW-8 hostile and re-examine him after his dramatic turn, and for not confronting the witness with his earlier statement to test his veracity.
Bail Granted with Conditions, Inquiries Ordered
Finding that the applicant was no longer required for investigation and had been in custody since , the Court allowed the bail application. Lekhraj was ordered to be released on a of ₹50,000 with two of like amount , subject to conditions that he not tamper with evidence, not indulge in criminal activity, and attend trial hearings as required.
Simultaneously, the Court issued two significant directions: - The was directed to inquire into the trial court's affairs, specifically the delay in recording PW-8's statement, and place a report before the Court. - The was directed to call for an explanation from the Additional Public Prosecutor and submit an inquiry report within four weeks.
The order serves as a stark reminder that courts remain vigilant not only to the merits of individual cases but also to the integrity of the trial process itself—particularly when unexplained delays create fertile ground for witness manipulation.
