JUDGMENT :

Vijay Bishnoi, J.

1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

2. The petitioner has been arrested in FIR/CR No. 40/2018 of Police Station Sojat Road, District Pali for the offences punishable under Sections 302/34, 460, 307 and 325 IPC. He has preferred this second bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that the allegation against the petitioner of inflicting fatal injury on the deceased is not based on any evidence. Learned counsel for the petitioner has invited my attention towards the police statements of two injured witnesses viz. Mitha Ram and Tija Devi, recorded soon after the incident, wherein they have not named the petitioner but have named his brother Mukesh as the aggressor, who inflicted fatal injury. It is submitted that the above said witnesses have not shown the presence of the petitioner in their police statements, however, later on, they have falsely deposed before the court below that the petitioner was also involved in the commission of crime. It is further submitted that the petitioner is in custody since long and trial of