RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on record.

(2.) The instant second bail application under Sec. 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.152/2020, registered at Police Station Motagaon, District Banswara for the offence under Sec. 302.

(3.) The first application for bail submitted on behalf of the petitioner was rejected by this Court vide order dtd. 1/4/2021 giving him liberty to file a fresh application for bail after examination of the witnesses Ravji and Raju at the trial. Subsequent thereto, the statements of these two witnesses have been recorded at the trial. They did not support the prosecution case and were declared hostile. The petitioner is the brother-in-law of the deceased Neema who was married to Vinod about 13 years prior to the incident. Neema was done to death in the matrimonial home whereafter, the FIR came to be registered. The witnesses, referred to supra, were projected to be the only two eye-witnesses of the incident. However, as they have turned hostile, I am of the opinion that the petitioner deserves to be enlarged on bail.