Panchu vs State on 30 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Bail No. 3453 / 2017
Panchu S/o Kan Ji Charpota, B/c Bheel, R/o Jhapapada, Vadgun,
Police Thana Bhungda, District Banswara.
(At lodged in District Jail, Banswara)

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. K.K. Rawal, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
30/05/2017

Accused-petitioner has preferred this second bail application,

arising out of FIR No.70/2016 of Police Station Bhungra, District

Banswara, wherein he is charged for offence punishable under

Sections 498A and 304B IPC. Police, after investigation, has

submitted charge-sheet in the matter against petitioner and

presently, trial before Sessions Judge, Banswara is going on.

The first bail application of the petitioner is dismissed as not

pressed on 24.01.2017.

Learned counsel, Mr. Ojha, submits that after dismissal of

first bail application there is material change in the circumstances,

inasmuch as, statements of seven prosecution witnessed have

been recorded and the crucial witness, P.W.2 Unkar, father of

deceased, has not substantiated the prosecution case. It is also
(2 of 2)
[CRLMB-3453/2017]

submitted by learned counsel that P.W. 5 Santa, mother of

deceased, has retracted from her earlier version and turned

hostile so as to absolve the petitioner for the aforesaid offences.

Learned counsel, therefore, has urged that in view of material

change in the circumstances, his bail plea merits favourable

consideration.

Learned Public Prosecutor has opposed the bail plea of the

petitioner.

Having regard to the facts and circumstances of the case and

taking into account the change circumstances, I feel persuaded to

grant indulgence to the petitioner.

Consequently, the second bail application under Section 439

Cr.P.C. is allowed and it is ordered that accused-petitioner, Panchu

S/o Kan Ji Charpota, arrested in connection with F.I.R.

No.70/2016, Police Station Bhungra, District Banswara, may be

released on bail; provided he furnishes a personal bond of

Rs.50,000/- with two sureties of like amount to the satisfaction of

the learned trial Court with the stipulation to appear before that

Court on all dates of hearing and as and when called upon to do

so.

(P.K. LOHRA)J.

Bharti/61

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