NIHAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.134/2021 of Police Station Bajju, District Bikaner for the offence punishable under Ss. 302, 201, 120-B of IPC.

(2.) The first bail application was dismissed by this Court vide order dtd. 8/4/2022 as not pressed with liberty to file a fresh bail application after recording the statement of Ms. Tamana.

(3.) Learned counsel for the petitioner submits that now the statement of Ms. Tamana has been recorded before the trial Court as PW-3 and there are material contradictions, improvements and omissions in her statement and she is a tutored witness who is 9 years old. Furthermore, FSL report has also been received, no blood stain was found on the weapon which was recovered from the petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.