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2018 DIGILAW 2042 (RAJ)

Amarpreet Singh v. State of Rajasthan

2018-10-04

P.K. LOHRA

body2018
JUDGMENT P.K. Lohra, J. - Accused-petitioner has laid this second bail application under Section 439 Cr.P.C., 1973 facing trial for offence punishable under Sections 498A, 304B and in alternative Section 302 IPC in Sessions Case No.20/2017, pending before Special Judge, Women Atrocities and Dowry Cases, Sri Ganganagar (for short, 'learned trial Court'). The aforementioned criminal case is founded on FIR No.43/2017, registered at Police Station Raisinghnagar, District Sri Ganganagar. 2. At the behest of petitioner, first bail application bearing No.6489/2017 was dismissed as not pressed on 10.08.2017 with liberty to renew the prayer afresh after recording statements of parents of deceased. 3. Arguing on this second bail application, it is submitted by learned counsel, Mr. Shah, that after rejection of first bail application, there is substantial change in the circumstances inasmuch as statements of mother and father of deceased have been recorded during trial. It is also argued by learned counsel that PW1 Kundan Singh, father of the deceased, has not supported prosecution case by turning hostile. Learned counsel has further submitted that PW2 Paramjeet Kaur, mother of deceased-Amandeep Kaur, too has not supported prosecution case by turning hostile. Likewise, according to learned counsel, PW3 Harpreet Singh, real brother of deceased-Amandeep Kaur, has also resiled from his earlier statements by turning hostile. It is submitted by learned counsel that all the three witnesses are the star witnesses so far as offence under Section 304B or alternatively Section 302 IPC is concerned, and therefore, their act of not supporting prosecution case has made out a case of material change in the circumstances. He, therefore, urged that the second bail application of the accused-petitioner merits favourable consideration. 4. Learned Additional Advocate General has opposed the second bail application of petitioner in general. 5. I have bestowed my consideration to the arguments advanced at Bar and also noticed the change in circumstances canvassed by learned counsel for the petitioner and perused the statements of all the three witnesses. 6. Having regard to the facts and circumstances of the case, while refraining to make any comment on merit, I feel persuaded to accept this second bail application. 7. Accordingly, the second bail application under Section 439 Cr.P.C., 1973 is allowed and it is ordered that accused-petitioner Amarpreet Singh S/o Sh. 6. Having regard to the facts and circumstances of the case, while refraining to make any comment on merit, I feel persuaded to accept this second bail application. 7. Accordingly, the second bail application under Section 439 Cr.P.C., 1973 is allowed and it is ordered that accused-petitioner Amarpreet Singh S/o Sh. Angrej Singh, arrested in connection with F.I.R. No.43/2017, Police Station Raisinghnagar, District Sri Ganganagar, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of like amount to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.