DR DHANANJAYA Y CHANDRACHUD,J. - (1.) This appeal arises from a judgment dated 11 August 2021 of a Single Judge at the Jaipur Bench of the High Court of Judicature for Rajasthan. By the judgment impugned in the appeal, the High Court has allowed the fifth bail application of the second respondent.
(2.) FIR No. 732 of 2017 was registered at Police Station Mathuraghat for offences punishable under Sections 147, 148, 149, 323, 341, 307, 302 and 336 of the Indian Penal Code 1860("IPC"). While allowing the application for bail, the Single Judge has observed: "6. Taking note of the fact that petitioner has remained in custody for a period of three years and ten months, she is a female, no overt act is assigned to her in the present case, co-accused Vijay Pal against whom there was allegation has been given benefit of bail, after rejection of fourth bail application by this Court, there is variance in prosecution story, earlier the presence of accused was s[h]own at the tea shop and later on presence of accused according to witness is shown at the place of occurrence and conclusion of trial will take time, hence, I deem it proper to allow the fifth bail application. "
(3.) The appellant is the son of the deceased-Daansingh- who was the Sarpanch of the village. It has been alleged that there was a prior enmity between the accused and the deceased, as a consequence of which the husband of the second respondent together with certain other members of his family and sharp shooters shot at Daansingh in September 2015. Daansingh survived the incident. FIR No. 466 of 2015 under Section 307 of the IPC was registered at Police Station Kumher. The second respondent was arrested and charge-sheeted. The evidence of Daansingh was to be recorded at the criminal trial. A fortnight prior to the recording of his evidence, Daansingh was murdered on 11 September 2017.;