NAVEEN BHATT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.117/2021 (wrongly mentioned as 171/2021 in the impugned order) of Police Station Bagor, Dist. Bhilwara for the offence punishable under Ss. 302, 394, 201 of IPC. He has preferred this second bail application under Sec. 439 Cr.P.C.

(2.) The first bail application was dismissed by this Court on 19/8/2023.

(3.) Counsel for the petitioner submits that the statement of witness Sitaram has been recorded before the trial court as PW-6 and there are material contradictions, omissions and improvements in his statement. Counsel further submits that the recovery witness Shankar Lal has also been examined before the trial court as PW-13 and he has been declared hostile. Further, another recovery witness Bheru lal was examined before the trial court as PW-19 and he mentioned that whatever the ornaments recovered, have not been produced before the trial court and he stated that he does not know whether the recovered ornaments belong to the deceased or any other person. The accused-petitioner is inside jail since 26/9/2021 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.