ANIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.87/2023 of Police Station Ghatol, Dist Banswara for the offence punishable under Ss. 384, 376 and 306 of IPC. He has preferred this second bail application under Sec. 439 Cr.P.C.

(2.) The first bail application was dismissed as not pressed on 20/10/2023 and the second bail application was dismissed as not pressed with liberty to file a fresh after recording the statement of Smt Mamta (mother of deceased) before the trial court.

(3.) Counsel for the petitioner submits that the statement of Smt. Mamta (mother of deceased) has been recorded before the trial court as PW-5. Counsel further submits that statement of father of the deceased has been recorded before the trial court as PW-2 and statement of maternal uncle of the deceased has been recorded before the trial court as PW-6 and both the witnesses have been declared hostile and mother of the deceased (PW-5) did not say anything against the present petitioner. The accused-petitioner is inside jail since 4/6/2023 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.