NITIN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Shri Anil Kumar, Advocate on behalf of the applicant Nitin Sharma pertaining to F.I.R. No. 130/2009 of police station Civil Lines, Ajmer, in the offences under Sections 120-B, 224 and 225 of IPC.

(2.) Heard the learned counsel for the petitioner as also learned Public Prosecutor for the State and perused the material on record.

(3.) Learned counsel for the petitioner has canvassed that the Kallu @ Kuldeep @ Nandu S/o Babu Lal who fled from the custody of police in transit from Ajmer to Kota, has been arrested and now in judicial custody. The learned trial Court has recorded the statements of some prosecution witnesses, but the witnesses have not stated anything against the petitioner Nitin Sharma. The offences under Section 224 and 225 of IPC are triable by the Court of Judicial Magistrate First Class. The petitioner has been in custody for quite a long time and the trial of the case is likely to take time, hence, in the light of the fact that the absconding accused Kallu @ Kuldeep @ Nandu has been arrested, the petitioner may be granted indulgence of bail.