Atar Chand Vs. State of Rajasthan

criminal procedure code - section 439--bail--witnesses not supporting prosecution case--only evidence against accused is dying declaration--held, it is fit case to release accused on bail;those witnesses do not support the prosecution story and the only evidence against the dying declaration made by the deceased. it is a fit case where the applicant should be released on bail.;bail granted - - 5,000/- with one surety in the like amount to the satisfaction of the learned addl.n.c. kochar, j.1. the police has filed the challan. along with the challan police has filed the copies of statements of 4 witnesses namely gyan-chand, bhagwani bai. tulsibai & shantilal recorded by the police under section 161 cr. pc during investigation. those witnesses do not support the prosecution story and the only evidence against the applicant is the dying declaration made by the deceased before the learned sdm and in presence of the medical officer. the learned trial court will give proper weight to the dying declaration but in view of the statements relied upon by the prosecution itself and mentioned above, in my view, it is a fit case where the applicant should be released on bail and consequently, i direct that the applicant should be released on bail subject to his furnishing a bond is the same of rs. 5,000/- with one surety in the like amount to the satisfaction of the learned addl. district judge, kishangarh bas.