BABU LAL 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 connection with FIR No.100/2019 of Police Station Suhagpura, Distt. Pratapgarh for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 302 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner submits that most of the prosecution witnesses have not supported the prosecution story and turned hostile. He further submits that Police has filed charge-sheet against the petitioner on the basis of statements of the witnesses recorded during the course of investigation, however, now, when those witnesses have not supported the prosecution story and turned hostile before the trial Court, it would be very difficult for the prosecution to prove the guilt of the petitioner. Learned counsel for the petitioner has also submitted that after taking into consideration this fact that the prosecution witnesses have not supported the prosecution story and turned hostile, a co-ordinate Bench of this Court has already enlarged similar situated co-accused persons on bail.