DALI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner Dali Chand S/o Naru @ Narayan, who is in custody in relation to F.I.R. No.106/2019, Police Station Nikumb, District Chittorgarh for the offences under Ss. 302, 201, 397 and 120-B of the IPC. His first bail application being S.B. Criminal Misc. Bail Application No.13962/2020 was dismissed by the Coordinate Bench of this Court vide order dtd. 3/2/2021.

(2.) Learned counsel for the petitioner submits that a Missing Person Report was submitted by the complainant and no specific allegations were levelled against the present petitioner. He further submits that after investigation, charge sheet against three persons including the present petitioner was filed by the police in the Court concerned and out of charge-sheeted two accused persons namely Lehru Lal and Jawan Singh have been extended benefit of bail. He further submits that no direct allegation has been made against the present petitioner and no recovery from his conscious possession was effected. He further submits that whatsoever be the recovery as fastened upon the present petitioner if same is taken to be true then its from open place. He submits that none of the article was said to be recovered at the instance of the petitioner and same were neither identified nor sent to FSL for examination. He submits that there is no evidence on record which could connect the petitioner with alleged crime.

(3.) Lastly, he submits that present petitioner is in judicial custody for last more than four years as the case rests on circumstantial evidence and it is likelihood that trial will take time and keeping him in prolonged incarceration would not serve any purpose. Thus, he prayed that petitioner may be released on bail.