Nihal Chand vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.134/2021 of Police Station Bajju, District Bikaner for the offence punishable under Sections 302, 201, 120-B of IPC.

The first bail application was dismissed by this Court vide order dated 08.04.2022 as not pressed with liberty to file a fresh bail application after recording the statement of Ms. Tamana.

Learned counsel for the petitioner submits that now the statement of Ms. Tamana has been recorded before the trial Court as PW-3 and there are material contradictions, improvements and omissions in her statement and she is a tutored witness who is 9 years old. Furthermore, FSL report has also been received, no blood stain was found on the weapon which was recovered from the petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer for bail.

I have considered the arguments advanced before me and carefully gone through the record.

According to the statement of eye witness Ms. Tamana (PW-3), who is 9 years old, a specific allegation for causing head injury has been assigned to the petitioner and Sunita. As per FSL report also, DNA profile obtained from the blood stains on the articles of the deceased matched with the DNA profile obtained from the shirt of the accused petitioner, therefore, this Court in not inclined to grant benefit of bail to him.

Hence, the present second bail application filed by the petitioner is hereby dismissed.

However, trial Court is directed to expedite the trial.