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2024 Supreme(Raj) 499

FARJAND ALI
Mahendra Singh S/o Shri Shaitan Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: S.P. Sharma.
For the Respondent: S.K. Bhati.

ORDER :

1. The jurisdiction of this court has been invoked by way of filing the second bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein-below:

S. No.

Particulars of the Case

1.

FIR Number

57/2019

2.

Concerned Police Station

Ramsar

3.

District

Barmer

4.

Offences alleged in the FIR

Section 302 of the IPC

5.

Offences added, if any

Section 201/35 of the IPC

6.

Date of passing of impugned order

17.02.2024

2. The first bail application of petitioner came to be dismissed as not pressed by this Court vide order 14.12.2023 passed in S.B. Criminal Misc. Bail Application No. 11307/2023.

3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are several flaws and laches in the case of the prosecution. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the petitioner, learned

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