RATAN LAL 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.161/2023, registered at Police Station Bhadesar, District Chittorgarh, for the offences under Ss. 341, 323, 302 and 34 of IPC. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that co-accused ' Hansraaj (S.B. Criminal Miscellaneous Bail Application No. 1647/2024) has already been enlarged on bail by this Court vide order dtd. 28/2/2024. Learned counsel further submitted that eye witnesses of the alleged incident namely Laxman Lal Bhambi, Ratan Lal Bhambi, Badami Devi, Santosh Kumari, Shyamlal and Kamlesh in their statements recorded under Sec. 161 Cr.P.C., stated that the head injuries with a blunt weapon were inflicted upon the deceased- Kankubai by the present petitioner. Learned counsel submitted that the statements of aforementioned eye-witnesses have been recorded before the competent criminal court.

(3.) Drawing attention of the Court towards the statements of the eye-witnesses viz. Laxman Lal Bhambi (PW.1), Ratan Lal Bhambi (PW.2), Badami Devi (PW.3), Santosh Kumari (PW.4), Shyamlal (PW.6) recorded before the competent criminal court, have not supported the prosecution's story during their Court statements and have turned hostile. Lastly, learned counsel for the petitioner submitted that 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. Per Contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the seriousness of accusations levelled against the present petitioner, he does not deserve to be enlarged on bail.