HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
The State of Rajasthan
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
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)
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
Learned Public Prosecutor has opposed the bail plea of the
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