JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Rajasthan High Court at Jaipur, granting bail to the respondent no.2. (hereinafter called as the ‘accused’).

3.Background facts in a nutshell are as follows :

“On 18.9.2002, appellant lodged report about the killing of his brother by some persons. It surfaced during investigation that the accused and co-accused Nasik Singh had hired two contact killers- Rohitas and Dharmendra for killing the deceased.”

Application for bail was filed by the appellant before the Additional Chief Judicial Magistrate, Jaipur, who by order dated 6.6.2006 rejected the application. Application for bail filed before the Additional Sessions Judge, Jaipur, was rejected by order dated 12.7.2006. It was, inter alia, noted as follows:

“The Court heard the arguments advanced by both the parties and has gone through the legal provisions. It is correct that the incident is 4 years old and accused has been investigated twice and the final report was given. In my opinion that enquiry was also done treating him as one of the suspects. Late on the evidence which were collected primarily show hi