SUBHASH 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.478/2021, registered at P.S. Hanumangarh Town, District Hanumangarh for offences under Ss. 302, 364, 34 IPC.

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

(3.) Learned counsel for the petitioner submitted that the petitioner has not been named as suspect in the FIR. Learned counsel further submitted that there is no eye witness of the incident and entire prosecution story is based on circumstantial evidence and the statements of last seen witness. Drawing attention of the Court towards the statements of last seen witness namely Jaswant @ Sadam recorded before the competent criminal court as P.W.-1, learned counsel for the petitioner submitted that the star witness of the case has turned hostile and has not supported the story of prosecution, therefore the prosecution is controverting itself on the circumstance of last seen.