Dinesh Mehta, J
1. The present bail application has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.320/2014, registered at Police Station Sujangarh, District Churu for the offences under sections 307, 120(B), 148 & 341 of the Indian Penal Code.
2. Mr. Dhirendra Singh, learned Senior Advocate appearing for the applicant submitted that as per the prosecution story and as per the conclusion of the charge-sheet, the applicant was not present at the spot of occurrence, whereas the injured PW-6 in his statements has deposed that the present applicant was present and had fired with his gun at the spot but has also attributed towards him. While emphasizing that the prosecution story and statement of PW-6 are irreconcilable, learned counsel argued that the applicant’s involvement in the offence is improbable and, therefore, he be released on bail.
3. Learned counsel also argued that all the other co-accused (Mahipal @ Monti Singh, Deva @ Devender, Ramdutt @ Sonu, Parvez Ahmed, Nirmal Kumar & Hanuman Singh) whose presence have been shown at the spot have already been enlarged on bail by a Coordinate Bench of this Court vide separate orders respectively in:-
a) S.B. Criminal Miscellaneous Bail Application No.2121/2023; Mahipal @ Monti Singh, dated 20.04.2023.
b) S.B. Criminal Miscellaneous Bail Application No.3749/2021; Deva @ Devender, dated 27.01.2022.
c) S.B. Criminal Miscellaneous Bail Application No.17173/2021; Ramdutt @ Sonu, dated 24.02.2022.
d) S.B. Criminal Miscellaneous Bail Application No.11717/2018; Parvez Ahmed, dated 04.01.2019.
e) S.B. Criminal Miscellaneous Bail Application No.189/2016; Nirmal Kumar, dated 11.01.2016.
f) S.B. Criminal Miscellaneous Bail Application No.2826/2018, Hanuman Singh, dated 09.04.2018.
4. Learned Public Prosecutor is not in a position to dispute the aforesaid position. He is also not in a position to explain the prosecution’s case so far as the presence of the present applicant is concerned.
5. In view of the aforesaid and considering the discrepancy in the story projected by the prosecution vis a vis the statement given by the injured/eye witness, this Court is inclined to enlarge the present applicant on bail.
6. The present bail application is allowed. It is ordered that applicant Ranjeet Singh S/o Bhanwar Singh arrested in connection with FIR No.320/2014, registered at Police Station Sujangarh, District Churu shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/-each to the satisfaction of the learned trial Court.
7. Applicant shall be required to appear before the trial Court on all dates of hearing as and when called upon to do so.
8. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall, however, not come in the way of the trial Court to take an independent view of the matter, based on ocular and oral evidence, while finally deciding the case.
