1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 2nd Bail Application No. 6137/2009 Shivraj vs. State of Rajasthan Dated : 01.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Mitesh Sharma, for the petitioner. Mr. Amit Punia, Public Prosecutor. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Mitesh Sharma Advocate on behalf of the applicant Shivraj pertaining to F.I.R. No. 148/2009 of Police Station Vaishali Nagar, Jaipur in the offences under Sections 147, 148, 149, 341, 323 and 307 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has contended that two eye witnesses of this case have not supported the prosecution story and have turned hostile. So far as the injured PW-11 Sultan Singh is concerned, albeit, he has stated against Shivraj that he was one of the five accused persons who assaulted upon him and one of them stabbed on his thigh with the knife. No identification parade was conducted during investigation by the police. The witness did not know the accused from earlier also. In the court also, he has not identified the petitioner directly. Thus, the petitioner is found to have been falsely implicated and there being no evidence against him on record, he deserves to be enlarged on bail. 2 4. Learned Public Prosecutor has opposed the bail application on the ground that the witness has categorically stated in his cross- examination that it was Shivraj who stabbed with knife. He had named all the five accused persons namely Kesar Singh, Ranjeet Singh, Shivraj, Javed and Sonu to police while giving statements under Section 161 of Cr.P.C. There is no reason not to rely upon the statements of Sultan Singh at this stage, and the bail petition may be dismissed. 5. Having considered the submissions made at the bar and scanned the relevant material on record, I, without expressing any opinion on the merits of the case but keeping in view the statements of Pw-11 Sultan Singh, do not feel inclined to grant bail to the petitioner as it is not warranted or required to appreciate the statements of the witnesses so as to adjudicate the bail petition as any observation of this court in this regard may prejudice either of the parties and thus, the bail petition deserves to be dismissed. 6. In the result, the second bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner stands dismissed. (MAHESH BHAGWATI)J. Mak/- 6