SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 224/2018 of Police Station Basni, District Jodhpur for the offences punishable under Ss. 302, 201, 323, 427 and 120-B IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that after framing of charge against the petitioner, statements of two eye witnesses namely Tara Chand and Ghanshyam have been recorded as PW-1 and PW-2 respectively before the trial court. It is submitted that both of them have not supported the prosecution story and turned hostile. It is argued that both the witnesses have specifically stated before the trial court that they do not know who assaulted the deceased. They asserted that when 6 or 7 persons had approached the deceased, they ran away from the scene of crime and returned later but by that time, the persons who had assaulted the deceased, ran away. Learned counsel for the petitioners has further submitted that police have filed chargesheet against the petitioners only on the basis of statements of above named eye-witnesses recorded during the course of investigation, in which, they have named the petitioners as assailants along with co-accused persons. Learned counsel for the petitioner has argued that now when the above named two eyewitnesses have not supported the prosecution story and not named the petitioners in their court statements, it would be very difficult for the prosecution to prove the guilt of the petitioner.