Having considered the rival submissions, facts and circumstances of the case so also the statements of Madan Singh (PW-10) and Smt. Thawari (PW-9) recorded before the competent criminal court, this Court prima facie finds that Thawari (PW-9) during her court statements has not supported the prosecution story and has turned hostile. This Court also prima facie finds that the court statements of the witness Madan Singh (PW-10) are not sufficient to establish the presence of the petitioner at the crime scene or that soon before the incident he was in the company of the co-accused Rakesh or the deceased – Heera Lal. The sharp weapons allegedly used in commission of the alleged crime have been recovered at the instance of co-accused Rakesh. In the prima facie opinion of this Court, a perusal of the FIR, chargesheet and the statements of the prosecution witnesses do not suggest that the circumstantial evidence available against the petitioner is of definitive character; there is no evidence of motive against the petitioner. This Court is thus, without expressing any opinion on merits/demerits of the case, inclined to enlarge the petitioner on bail.
