BHAJAN LAL 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.615/2021 registered at Police Station Anupgarh, District Sriganganagar registered for the offence punishable under Ss. 302, 377 and 201 of the Indian Penal Code. The first bail application was dismissed by this Court vide order dtd. 14/9/2023 with liberty to file afresh after recording the statement of witnesses ' Karan Singh, Gurvindra Singh and Kesu Ram.

(2.) Learned counsel for the petitioner submits that now witness Kesu Ram has been examined before the trial Court as PW.3 and he has declared hostile, and witnesses Karan Singh and Gurvindra Singh have been examined before the trial Court as PW.5 and PW.6 and there are material contradictions in their statements. Counsel submits that chance print has been obtained by the Investigating Officer and Director of Finger Print Bureau Rajasthan, Jaipur has mentioned in the report that due to ambiguity of the said chance print, the same could not be tallied with the sample finger prints. Counsel further submits that the occurrence took place at spur of the moment. The petitioner is in judicial custody since 10/11/2021 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner. Learned Public Prosecutor has opposed the prayer of bail.

(3.) I have considered the arguments advanced before me and gone through the material available on record. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.