KHILLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.135/2019 registered at Police Station, Masalpur, Karauli, for offence under Section(s) 147, 148, 149, 341, 365, 302 of IPC .

(2.) Learned counsel for the petitioner submits that the case of the petitioner is not distinguishable from that of co-accused Anil Meena, who has been granted bail by this Court vide order dated 30th May, 2020. Learned counsel submits that the petitioner has only been arrayed as an accused on the basis of having call details in the phone numbers of other accused whose role has been found to be involved in the case and those who were named in the FIR. The petitioner was neither named in the FIR nor his culpability is noticed in the charge-sheet.

(3.) I have heard the learned Public Prosecutor as well as learned counsel appearing for the complainant, who have opposed the bail application. Learned counsel for the complainant submits that under the provisions of Section 27 of the Evidence Act, the accused petitioner had supported the site-plan.