SHIVRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of second bail application filed under Section 439 of Cr. P. C. by Mr. Mitesh Sharma Advocate on behalf of the applicant Shivraj pertaining to f. I. R. No. 148/2009 of Police Station Vaishali nagar, Jaipur in the offences under Sections 147, 148, 149, 341, 323 and 307 of IPC.

(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioner has contended that two eye witnesses of this case have not supported the prosecution story and have turned hostile. So far as the injured PW-11 sultan Singh is concerned, albeit, he has stated against Shivraj that he was one of the five accused persons who assaulted upon him and one of them stabbed on his thigh with the knife. No identification parade was conducted during investigation by the police. The witness did not know the accused from earlier also. In the court also, he has not identified the petitioner directly. Thus, the petitioner is found to have been falsely implicated and there being no evidence against him on record, he deserves to be enlarged on bail.