Long incarceration does not warrant bail in serious offences like murder when credible evidence and specific allegations against the accused exist.

Order :

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 274/2020 registered at Police Station Lohawat, District Jodhpur Rural for the offence(s) under Sections 147, 148, 323, 307, 460, 302, 149 of IPC and Sections 3/25 and 3/27 of Arms Act.

2. Learned counsel for the petitioner submits that the accused-petitioner has falsely been implicated in this case. Learned counsel further submits that FIR was lodged with the delay of almost 20 hours. It is also contended that cross case was also registered against the complainant party and co-accused Lakha Ram also sustained injuries and the prosecution has not explained injuries caused to Lakha Ram. Against the complainant party the charge- sheet was submitted for the offence under Section 307 of IPC. The main eye witnesses have not supported the prosecution story. The statement of PW-1 Narayan Ram and PW-2 Narendra are not believable, PW-1 Narayan Ram is person having criminal antecedents and against him several criminal cases were registered by the petitioner and other co-accused. Similarly, there are lot of contradictions in the statement of PW-1 Narayan Ram and PW-2 Narendra. There is no FSL report available on the record showing that the gun recovered from the petitioner was used for causing injuries to the deceased Chaturaram. It is also contended that Chaturaram was inimical with the present petitioner as he has purchased the property from Chaturaram’s mother. Similarly witness Narayanlal is also inimical to the petitioner as he was in association with the deceased. The accused petitioner is in custody since 31.01.2020 and in span of almost 4 years 3 months only five witnesses have been examined. Statement of PW-6 Rajendra is incomplete. It is also contended that the recovery of weapon at the instance of the present petitioner is also doubtful as the recovery was effected from 150KM away from the place informed by the petitioner.

3. Co-ordinate Bench of this court in the case of Kailash Chand Vs. State of Rajasthan decided on 18.07.2024 passed in SB Criminal Misc. Second Bail Application No. 12140/2023 and Hon’ble Apex Court in the case of Rup Bahadur Magar @ Sanki@ Rabin Vs. State of West Bengal decided on 04.10.2024, passed in Criminal Appeal No. 4144/2024, granted bail to the accused solely on the grounds of long incarceration. There is a long list of 29 witnesses and further trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor and learned counsel appearing for the complainant have opposed the bail application. It is contended that eye witness PW-1 Narayan Ram and PW-2 Narendra have deposed against the petitioner. The prosecution has specifically alleged that petitioner open fired at Chaturaram which resulted into his death. In the post mortem report pallets were seen in the body of the deceased. At the instance of present petitioner fire arm was recovered, long incarceration itself cannot be a ground to enlarge the accused-petitioner on bail in a grave offence, punishment provided under Section 302 is upto death sentence, therefore the bail application of the accused petitioner deserves to be dismissed.

5. Heard and perused the material available on the record.

6. Considering the fact that case of co-accused Lakha Ram is entirely distinguishable. Against present accused petitioner it is specific allegation that he caused fire arm injury to Chaturaram which resulted into his death. Eye-witness PW-1 Narayan Ram and PW-2 Narendra in their court statements have deposed against the present petitioner. At this juncture, it is not desirable for the court to minutely scrutinized their evidence regarding their trustworthiness, as far as long incarceration of the accused- petitioner is concerned, though the petitioner has been in custody for four years three months but the