MAHENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The second bail application has been filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') in connection with FIR No.301/2022, registered at Police Station Gangrar, District Chittorgarh for the offences under Ss. 302/120-B and 201 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(2.) The first bail application being (S.B. Criminal Miscellaneous Bail Application No. 13197/2023) filed on behalf of the applicant was dismissed as withdrawn with a liberty to file afresh once statement of the last seen witness Nagraj S/o Kashi Ram is recorded, on 12/12/2023.

(3.) Learned counsel for the applicant submitted that there is contradiction in the statement of said eye-witness Nagraj given in the Court, if the same are read in juxtaposition with the statement recorded under Sec. 161/164 of the Cr.P.C.