DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The jurisdiction of this court has been invoked by way of filing an application under Sec. 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

(2.) The petitioner is behind the bars since 17/7/2022. Counsel for the petitioner has submitted certified copies of the order sheets of the trial Court which is reflecting non-appearance of the prosecution witnesses. An ordersheet dtd. 29/8/2024 revealing recording of three witnesses out of total 19 witnesses and whereafter, no witness has been examined till date. His first bail application being SBCRLMB No.3579/2024 decided on 1/4/2024 was dismissed as not pressed but a liberty was given to the petitioner to renew the prayer for bail after recording the statement of Seizing Officer. Now, he has been examined as P.W. 2 in the trial, hence, the instant bail application.

(3.) It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioner and he has been made an accused based on conjectures and surmises.