Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 646 (RAJ)

Sonu @ Praveen S/o Shri Maniram v. State

2023-03-08

VIJAY BISHNOI

body2023
JUDGMENT : VIJAY BISHNOI, J. 1. Heard and perused the material available on record. 2. The petitioners has/have been arrested in FIR No. 170/2020 of Police Station Rawla, District Sri Ganganagar for the offences punishable under Sections 307, 323, 341, 324, 326 and 325 IPC. He/she/they has/have preferred this/these second bail applications under Section 439 Cr.P.C. 3. The first bail application of the petitioner was dismissed by this Court on 15.1.2021 as not pressed while giving him liberty to file a fresh bail application before the trial court after recording of the statement of injured Jitendra Kumar and other prosecution witnesses namely Sitaram, Krishnalal and Ravi. 4. It is noticed that charges were framed against the petitioner on 9.3.2021 and thereafter regularly the so-called prosecution witnesses have been summoned by the trial court from time to time. Despite issuance of bailable warrants against injured Jitendra Kumar and other prosecution witnesses namely Sitaram, Ravi and Krishnalal and despite clear instructions given to counsel for the complainant, the above-named witnesses did not appear before the trial court for recording their evidence, however, ultimately statement of Sitaram (PW-1) was recorded before the trial court on 29.10.2021, wherein he has not supported the prosecution story and turned hostile. Thereafter, statement of Krishna Lal (PW-2) was recorded before the trial court on 9.9.2022, wherein he has stated that when he along with Sitaram went towards the waterworks in search of injured Jitendra Kumar, he saw petitioner standing beside the injured holding a brick in his hand. He has specifically stated that he has not seen the petitioner inflicting injury to Jitendra Kumar. In his cross-examination, Krishna Lal (PW-2) has also admitted that he was in a drunken condition on the day of incident when he reached the waterworks. 5. It is reported in the order-sheets of the trial court as also on the reports of the process-server made on the summons issued to the prosecution witnesses Jitendra Kumar and Ravi that both of them are deliberately not receiving the summons issued to them and when injured Jitendra Kumar was informed on telephone about the summons, he has stated that he is not going to depose before the trial court because after his deposition, the petitioner may be enlarged on bail. 6. 6. In the factual report submitted by the learned Public Prosecutor, it is clearly mentioned that injured Jitendra Kumar is deliberately not appearing before the trial court for giving his evidence despite receipt of summons and bailable warrants. In respect of prosecution witness Ravi, it is mentioned in the factual report that at present he is in jail in relation to a case under the NDPS Act and in another case for the offence under Section 454 and 380 IPC, therefore, his evidence could not be recorded before the trial court. 7. Taking into consideration the statement of Sitaram (PW-1) and Krishna Lal (PW-2); keeping in view the fact that injured Jitendra Kumar is deliberately not appearing before the trial court for giving his evidence and keeping in view the custody period of the petitioner, this Court is inclined to allow this second bail application. 8. Per contra, learned Public Prosecutor has opposed the bail application. 9. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioners under Section 439 Cr.P.C. 10. Accordingly, this/these second bail applications filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioners-Sonu @ Praveen S/o Sh. Maniram shall be released on bail in connection with FIR No. 170/2020 of Police Station Rawla, District Sri Ganganagar provided he/she/they executes a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 11. The factual report dated 8.3.2023 is taken on record.