SANJU 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.213/2023 registered at Police Station Pachodi, Dist. Nagaur, for the offence under Sec. 302 IPC. Learned counsel for the petitioner submitted that the petitioner is a daughter of the deceased- Baksa Ram. Drawing attention of the Court towards the challan papers, learned counsel submitted that as per the prosecution, in order to retaliate the stubborn attitude of her father, on the relevant day and time, the petitioner inflicted lathi blow on head of her father and as a result, he succumbed to the injuries on 26/11/2023.

(2.) Learned counsel submitted that the aforesaid incident was witnessed by the mother of the petitioner namely Omi Devi. Learned counsel submitted that during pendency of the present bail application, statements of the sole eye-witness of the incident- Omi Devi have already been recorded before the competent criminal court on 18/5/2024. as PW-02.

(3.) Attention of the Court was further drawn towards the statements of Omi Devi, learned counsel submitted that Omi Devi, being the sole eye-witness of the incident, during her court statements, has not supported the prosecution story and has turned hostile. It was submitted that since Omi Devi has turned hostile, there are very bleak chances of the petitioner getting convicted in the present case. Lastly, learned counsel submitted that the petitioner is in judicial custody since 16/12/2023 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.