ANIRUDH SINGH AADA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second bail application has been filed by the petitioner under Section 439 Cr.P.C. in FIR No.177/2017 registered at Police Station Khoh-Nagoriyan, Distt. Jaipur (East) for the offence under Sections 420 , 406 and 120B IPC.

(2.) Learned Senior Counsel submits that the First bail application has been dismissed by a Coordinate Bench of this Court on 20.01.2020. He further submits that bail is a rule and jail is an exception. The petitioner is in custody for last more than eight months for the charges of cheating and conspiracy, which is triable by the Magistrate. No recovery whatsoever has been made from the petitioner. He has also pointed out several deficiencies in the prosecution case and submits that there is no sufficient evidence available on record, which may warrant conviction of the petitioner.

(3.) The complainant has not turned up for evidence despite repeated summons being issued against him. No fruitful purpose would be served by further keeping the petitioner in custody.