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Amarpreet Singh vs State Of Rajasthan on 4 October, 2018

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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