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2023 Supreme(Raj) 1274

KULDEEP MATHUR
Aman Banshiwal S/o Shri Subhash Banshiwal – Appellant
Versus
State of Rajasthan, Through PP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shambhoo Singh Rathore
For the Respondent: Mr. Mukhtiyar Khan, P.P.
For the Complainant : Mr. Balbir Singh

ORDER :

1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.447/2020 registered at Police Station Ratangarh, District Churu, for offences under Sections 302, 201 and 120-B IPC.

2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that statements of material witnesses namely Vishwas Jangid and Himanshi have been recorded before the competent criminal court as PW-1 and PW-2 respectively. Drawing attention of the Court towards the statements of Himanshi (PW2), learned counsel submitted that the aforesaid witness has been declared hostile by competent criminal court. Learned counsel submitted that there are large number of omissions and contradictions in the statement of Vishwas Jangid (PW-1). Learned counsel submitted that there is no direct/corroboratory evidence available on record which could connect the petitioner with the alleged crime. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time to be concluded as the trial has been stay

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