HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 9323/2018
Amarpreet Singh S/o Sh. Angrej Singh, Aged About 32 Years,
B/c Jat Sikh, R/o Ganpati Vihar First, W.no. 1, Raisinghnagar,
Dist. Sri Ganganagar. (Lodged In Central Jail, Sri Ganganagar)
—-Petitioner
Versus
State Of Rajasthan, Through Pp
—-Respondent
For Petitioner(s) : Mr. Pradeep Shah.
For Respondent(s) : Mr. S.K. Vyas, AAG.
HON’BLE MR. JUSTICE P.K. LOHRA
Order
04/10/2018
Accused-petitioner has laid this second bail application under
Section 439 Cr.P.C. facing trial for offence punishable under
Sections 498A, 304B and in alternative Section 302 IPC in
Sessions Case No.20/2017, pending before Special Judge, Women
Atrocities and Dowry Cases, Sri Ganganagar (for short, ‘learned
trial Court’). The aforementioned criminal case is founded on FIR
No.43/2017, registered at Police Station Raisinghnagar, District Sri
Ganganagar.
At the behest of petitioner, first bail application bearing
No.6489/2017 was dismissed as not pressed on 10.08.2017 with
liberty to renew the prayer afresh after recording statements of
parents of deceased.
(2 of 3) [CRLMB-9323/2018]
Arguing on this second bail application, it is submitted by
learned counsel, Mr. Shah, that after rejection of first bail
application, there is substantial change in the circumstances
inasmuch as statements of mother and father of deceased have
been recorded during trial. It is also argued by learned counsel
that PW1 Kundan Singh, father of the deceased, has not
supported prosecution case by turning hostile. Learned counsel
has further submitted that PW2 Paramjeet Kaur, mother of
deceased-Amandeep Kaur, too has not supported prosecution case
by turning hostile. Likewise, according to learned counsel, PW3
Harpreet Singh, real brother of deceased-Amandeep Kaur, has also
resiled from his earlier statements by turning hostile. It is
submitted by learned counsel that all the three witnesses are the
star witnesses so far as offence under Section 304B or
alternatively Section 302 IPC is concerned, and therefore, their act
of not supporting prosecution case has made out a case of
material change in the circumstances. He, therefore, urged that
the second bail application of the accused-petitioner merits
favourable consideration.
Learned Additional Advocate General has opposed the second
bail application of petitioner in general.
I have bestowed my consideration to the arguments
advanced at Bar and also noticed the change in circumstances
canvassed by learned counsel for the petitioner and perused the
statements of all the three witnesses.
(3 of 3) [CRLMB-9323/2018]
Having regard to the facts and circumstances of the case,
while refraining to make any comment on merit, I feel persuaded
to accept this second bail application.
Accordingly, the second bail application under Section 439
Cr.P.C. is allowed and it is ordered that accused-petitioner
Amarpreet Singh S/o Sh. Angrej Singh, arrested in connection
with F.I.R. No.43/2017, Police Station Raisinghnagar, District Sri
Ganganagar, may be released on bail; provided he furnishes a
personal bond of Rs.50,000/- with two surety bonds of like
amount to the satisfaction of 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
Twinkle Singh/109
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