RISHABH SHARMA @ SONU SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for bail under Sec. 483 of BNSS has been filed on behalf of the petitioner herein who has been arrested in connection with FIR No.507/2023 registered at Police Station Malviya Nagar, District Jaipur City (East) for offences punishable under Ss. 302 and 201 of IPC. After completion of investigation, Investigating Agency submitted the charge-sheet in the concerned Court.

(2.) Learned counsel for the petitioner submits that the first bail application filed on behalf of the petitioner was dismissed as withdrawn by this Court vide order dtd. 18/3/2025 while giving liberty to renew the prayer for bail after recording testimony of the informant as well as Investigating Officer of this case. Counsel submits that now, both the aforesaid witnesses have been examined during the course of trial thus, this second bail application has been preferred.

(3.) Counsel submits that the testimonies of the aforesaid witnesses would reveal that a false and fabricated case has been instituted against the petitioner. Counsel submits that admittedly, there are no eyewitness of the incident and the entire case is based on circumstantial evidence, but the necessary chain of circumstantial evidence required against the petitioner, which would connect him to the alleged crime, is incomplete. Counsel further submits that the Investigating Officer has candidly admitted the fact that neither she submitted the call details of the mobile phone of the petitioner, nor did she seize the mobile phone of the deceased. Counsel further submits that it has also been admitted by the Investigating Officer that the alleged rope, which was found at the crime scene, was not sent to the FSL for further analysis. Counsel submits that petitioner is in custody since 22/11/2023 and further custody of the petitioner would not serve any fruitful purpose. Counsel finally urges that trial will take considerable time in its conclusion as till date, only 13 witnesses have been examined out of 18 cited prosecution witnesses.