BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.189/2019 registered at Police Station Gegal District Ajmer for the offence(s) under Section(s) 323 341 & 302 of IPC .

(2.) Heard learned counsel for the petitioner through 'Jitsi Meet'.

(3.) It is contended by learned counsel for the petitioner that although, the first bail application was withdrawn with liberty to file fresh after recording the statements of the material witnesses; but, on filing the charge-sheet on 07.02.2020, from the material collected by the investigating agency, it is revealed that the petitioner has falsely been implicated in this case and hence, the second bail application. He contends that for the incident of 29.10.2019, the FIR has been lodged by the injured witness on 02.11.2019 i.e. with inordinate delay. He submits that the petitioner is not named in the FIR nor, there is any evidence on record implicating the present petitioner except recovery of the weapon of offence which is alleged to have spikes; but, there is no corresponding punctured wound on the person of deceased who is alleged to have received only blunt injury on his stomach. He further contends that although, the deceased was conscious after the incident, even as per prosecution story, till he was hospitalized on 31.10.2019; but, his statement was not recorded till his death on 04.11.2019. He submits that the petitioner is in custody since 06.12.2019, charge-sheet has already been filed, trial of the case will take time, the petitioner has no criminal antecedents and prays for his release on bail.