BHAGWATI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Apprehended pursuant to investigation into FIR (CR), No.90/2017, registered at Police Station Dabok, District Udaipur, for offence punishable under Sections 147, 148, 302 and 120/149 IPC, accused-petitioner has laid this third bail application. At present, petitioner is facing trial for the said offences in Sessions Case No.48/17 pending before Addl. Sessions Judge No.1, Udaipur.

(2.) First bail application on behalf of petitioner was dismissed on 8th of August, 2017 by a detailed order. Subsequently, petitioner filed yet another bail application bearing No.5162/2018. The said bail application was dismissed as not pressed on 19 th of July, 2019 with liberty to renew prayer afresh after recording statements of prosecution witness Khuman Singh.

(3.) Arguing on this third bail application, it is submitted by learned counsel, Mr. Nishant Bora, that after rejection of second bail application there is substantial change in the circumstances. Elaborating his submission in this behalf, learned counsel has referred to the statements of P.W.10 Khuman Singh pointing out serious discrepancies therein. It is argued by learned counsel Mr. Bora that statements of P.W.10 Khuman Singh are not inspiring confidence inasmuch as the allegations of conspiracy by the witness against petitioner are omnibus. Learned counsel further contends that the witness has made an affirmative attempt to project an embellished version so as to implicate the petitioner in alleged conspiracy. Relying on the version of witness during cross-examination, learned counsel would contend that in his statements under Section 161 Cr.P.C., P.W.10 has not divulged any information about petitioner's threat to liquidate deceased Ms. Usha through hired assassins and it is only during his deposition before the Court that he has come out with an improved version.