SIDDHARTH MRIDUL, J.

CRL.M.A. 10459/2015 (Delay in re-filing)

The delay in re-filing is condoned.

CRL.M.A. 10460/2015 (Exemption)

Exemption is granted subject to all just exceptions.

The application is disposed of accordingly.

BAIL APPLN. 1458/2015

1. The present is an application under Section 439 CrPC, 1973 for grant of regular bail in FIR No.218/2012 under Section 302/392/394/411/120B/34 IPC registered at Police Station-Timar Pur.

2. The accused has been in judicial custody since 03.10.2012 and only 17 witnesses out of the total of 41 witnesses have been examined during the trial. It is also noticed that two public witnesses are yet to be examined.

3. Counsel appearing on behalf of the applicant states that he has been implicated in the present case on the basis of an alleged disclosure statement and that there is no direct or indirect evidence against the applicant. It is also urged on behalf of counsel for the applicant that the IO in the subject case has not produced any cogent material to show that he enquired about the commission of the subject offence from the neighbours of the deceased victim. It is also urged on behalf of counsel for the applicant that the fingerprints