MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.89/2023, registered at Police Station Kushalgarh, District Banswara, for offence under Sec. 302 IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) As per prosecution, the allegation against the present petitioner is that he assaulted the deceased Madi with fists and kicks. Drawing attention of the Court towards the statements of complainant 'Bahadur and other eye witnesses namely Rajesh, Rakesh Vijesh and Jagga recorded before the competent criminal court, learned counsel for the petitioner submitted that the complainant and other eye witnesses in their court statements have not supported the prosecution story and turned hostile. Learned counsel submitted that in view of the fact that the complainant and other eye witnesses have not supported the prosecution story and turned hostile, the chances of the petitioner getting convicted in the present case are very bleak. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.