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2022 Supreme(Raj) 3

DEVENDRA KACHHAWAHA
Shiv Kumar @ Kala S/o Satywan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vinod Kumar Sharma, Advocate.
For the Respondent: Mr. A.R. Choudhary, P.P., Mr. Vasu Deo Charan, Complainant

JUDGMENT :

1. The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with F.I.R. No.661/2014, Police Station Kotwali, District Pali, registered for the offence under Sections 341, 302, 307, 394, 420, 465, 471/120-B IPC and 3/25 of the Arms Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.

3. Arguing on this second bail application, learned counsel for the petitioner stated that the first bail application of the accused- petitioner was dismissed on 16.06.2020. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 28.01.2015 and therefore he is facing incarceration for more than 7 years and out of 63 witnesses, only 4 witnesses have been examined so far. He further submits that there is no possibility of the completion of the trial proceedings of the present case in near future. Learned counsel also submits that the petitioner cannot be kept behind the bars for years together. Learned counsel submits that in the case of Union of India V/s K. A

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