ASHOK KUMAR BISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have been arrested in connection with FIR No.01/2020 of Police Station Sangariya, District Hanumangarh, for the offences punishable under Ss. 302, 344, 34 IPC. They have preferred these second bail applications under Sec. 439 Cr.P.C.

(2.) The first bail applications of the petitioners were dismissed by co-ordinate Bench of this Court vide order dtd. 8/10/2020 with liberty to file fresh bail application after recording the statements of witnesses Prabhat Garg, Shekhar Sharma, Ajay Kumar, Jitender Kumar and the Medical Officer, who conducted postmortem on the body of the deceased.

(3.) Pressing both these second bail applications, it is submitted by learned counsel for the petitioners that there is substantial change in the circumstances, inasmuch as, learned trial Court has recorded statements of Ajay Kumar, Jitender Kumar, Shekhar Sharma, Prabhat Garg and the Medical Officer Arvind Sharma. It is further submitted that witnesses Ajay Kumar, Jitender Kumar and Shekhar Sharma have not supported the prosecution story and have turned hostile. It is further submitted that as per the statement of the medical officer Arvind Sharma the injuries suffered by the deceased were not sufficient to cause death. Learned counsel further submitted that deceased was in habit to take drugs and since the required drugs were not made available to him, therefore he himself inflicted injury upon him. He submits that in the marg report registered by the Investigating Agency, the name of the petitioners were not included. Learned counsel further submits that the other three co-accused viz. Ankush Bishnoi and Ramesh @ Pappu @ Rameshwarlal Bishnoi and Praveen @ Major Singh have already been enlarged on bail by co-ordinate Bench of this Court vide orders dtd. 29/4/2021 and 11/5/2021 respectively. The accused-petitioners are in custody since long and trial of the case will take long time. Therefore, the benefit of bail may be granted to the accused-petitioners.