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2022 Supreme(Raj) 2974

FARJAND ALI
Chandu @ Chandra Prakash – Appellant
Versus
State of Rajasthan Through PP – Respondent


Advocates Appeared:
Mr. Ashvin Garg, for the Appellant; Mr. M.S. Saini, PP., for the Respondent.

JUDGMENT

1. The instant bail application has been filed by the petitioner Chandu @ Chandra Prakash Son Of Late Shri Ramswaroop under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.172/2021 registered at Police Station Nainwa, Bundi for the offence(s) under Sections 302 and 201 IPC.

2. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. There is no eye witness of the incident. The petitioner has been charge-sheeted on account of availability of circumstantial evidence, however, the same is not conclusive in nature nor definite in tendency. The alleged recovery of blood smeared shirt is nothing but farce as the same has been recovered after 4 days of arrest that too from an open place.

3. Per contra, learned Public Prosecutor opposed the bail application.

4. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioner on bail.

5. Accordingly, the bail

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