JUDGMENT

Manoj Kumar Garg, J. - This is the second bail application under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 8/2020 of Police Station Chakhu, District Jodhpur, for the offences punishable under Sections 143, 341 & 323 of IPC. The first bail application was rejected on 25.11.2021 with the liberty to file afresh after recording the statement of Subhash Chandra.

2. Learned counsel for the petitioner submits that after deciding the first bail application of the petitioner, the injured Subhash Chandra did not appeared for his statement. Counsel further submits that there are cross cases between both the parties. Challan of the case has already been presented and no specific role has been assigned to the petitioner as well as no recovery was made from the possession of the petitioner. The petitioner is behind the bars since 15.07.2020. The trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application.

4. Having regard to the totality of the facts and circumstances o