AMIT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Public Prosecutor and have also perused the case diary.

(2.) Learned counsel appearing for petitioner Amit Kumar submits that all the witnesses except police officials and formal witnesses, turned hostile and they did not support the prosecution before the trial Court and there is no direct evidence against the petitioner. As regards recovery of Kulhadi, blood was not found on it from serological examination by S.F.S.L., Rajasthan, Jaipur. It is further submitted that at the time of recovery of Pant and Shirt allegedly stained with blood, no independent witness was called by the 1.0. and both the Motbirs are police constables. It is also contended that despite orders passed by this Court twice, trial has not been concluded as yet and the petitioner is in custody since 19/8/2003. Therefore, this second application for bail be allowed.

(3.) Learned Public Prosecutor appearing for the State has opposed the bail application.