AMIT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present fourth bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 440/2014, Police Station Tibbi, District Hanumangarh for the offences under Sections 302, 449 and 120-B of I.P.C.

(2.) Heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on record.

(3.) Learned counsel for the petitioner submits that after rejection of the third bail application of the petitioner on 08.01.2019, the charges have been framed by the trial court by a detailed Order dated 09.12.2019. He further submits that in the Order dated 09.12.2019 passed by the trial court, the entire evidence has been analyzed before framing of the charges against the petitioner. He further submits that as per the said Order dated 09.12.2019, five persons, namely, Kuldeep Singh alias Gabbar, Rajveer alias Rajendra alias Raju, Manpreet alias Manna, Jitendra Midhdha and Vijay Kumar have been discharged of the offences under Sections 449, 302/34 and 120-B of I.P.C. He further submits that there is no evidence on record which shows the involvement of the present petitioner in the commission of alleged offences except the fact that a party was held on 31.12.2014 at the Dhani/ house of the present petitioner, which is located at about 4 kms. away from the place of incident. The allegation that the petitioner was a key conspirator in the present case is not proved from the evidence which is collected during the course of investigation. He, therefore, prays that the present petitioner may be enlarged on bail.