NARESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.112/2021, Police Station Pur, District Bhilwara for the offences under Ss. 364, 302, 201 and 397/34 of IPC and Sec. 4/25 of Arms Act.

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

(3.) It is submitted by learned counsel for the petitioner that the first bail application was rejected by this Court on 28/1/2022 with a liberty to file a fresh bail application after recording the statement of Shivam before the learned trial court. He further submits that the seven prosecution witnesses including PW-7 Shivam have been examined before the trial court. He further submits that all the seven prosecution witnesses have not supported the prosecution case. Learned counsel submits that PW-7 Shivam has been declared hostile. He further submits that there is no evidence on record except the testimony of PW-7 Shivam to connect the present petitioner with the offence alleged in this case. Therefore, it is prayed that the petitioner may be enlarged on bail.