BINJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.217/2021 Police Station Borunda, Dist. Jodhpur, registered for the offences punishable under Ss. 449, 394 and 302 of IPC. The first bail application was dismissed on 1/9/2022 with liberty to file a fresh bail application after recording the statement of witnesses Swaroop Ram and Jagdish.

(2.) Learned counsel for the petitioner submits that the witnesses Swaroop Ram and Jagdish have been examined before the trial court as PW-7 and PW-8 respectively. Counsel further submits that F.I.R. in this case has been lodged after a considerable delay and this delay has not at all been explained by the complainant. The petitioner is in the judicial custody for more than two years and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.

(3.) Learned Public Prosecutor has opposed the second bail application.