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2021 Supreme(Raj) 1467

DEVENDRA KACHHAWAHA
Rahul – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Parikshit Nayak Mr. Shambhoo Singh Rathore Mr. R.S. Bhati, Advocayte, for the Petitioner; Mr. Sharwan Bishnoi, PP, for the Respondent

JUDGMENT

In S.B. Criminal Miscellaneous Bail Application No. 14116/2021 & S.B. Criminal Miscellaneous Bail Application No. 14118/2021 The above bail applications shall stand decided by this common order as they arise out of the same FIR.

The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.123/2021, Police Station Sadar, District Banswara, registered for the offences under Section 395 & 120-B of IPC.

Heard and considered the arguments advanced by learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners stated that at the time of rejection of first bail application decided by this Court vide order dated 05.08.2021, liberty was given to the petitioners to file fresh bail application recording the statement of eye witnesses. Now, statement of injured eye witnesses Deepak and Shanker Lal has been recorded before the trial Court as PW-2 and PW-3 respectively. Although, the witnesses partly supported the story of prosecution, but clearly stated that they could not identified the accused-petitioners an

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