ANDARAM Vs. STATE

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. 143/2016 of Police Station Samdari, District Barmer for the offences punishable under Ss. 498-A, 3-4(B) and 302 of IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the police have filed charge-sheet against two persons i.e. the present petitioner and one Radha Devi. It is submitted that a co-ordinate Bench of this Court vide order dtd. 11/3/2019 has granted bail to co-accused Radha Devi after taking into consideration the statements of PW-1 and PW-2. It is submitted that while granting bail to co-accused Radha Devi, the co-ordinate Bench has observed that whether or not the Parcha Bayan and the dying declaration of the deceased would be reliable in the light of the testimony of two prosecution witnesses i.e. PW-1 and PW-2 and the finding recorded in the charge-sheet, would be for the trial court to consider at the final stage. It is submitted that the case of the petitioner and co-accused Radha Devi is on similar footing, therefore, petitioner is also entitled to be released on bail.