MUSHTAQ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Section 439 Cr.P.C. Brief facts of the case are that an FIR No.109/2020 was registered at P.S. Dudu Distt. Jaipur Rural for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner are arrested. Thereafter he moved the bail application before the trial court, which vide impugned order dismissed the same. Hence this bail application has been filed on behalf of the petitioner.

(2.) Learned counsel for the petitioner has contended that co-accused persons namely Abdul Aziz S/o Ibrahim Khan, Riyaz S/o Chand Khan, Inshaf S/o Rajjak Khan, Irfan S/o Hussain Khan has/have been granted bail by the Co-ordinate Bench of this court vide order dated 09.09.2020 and the case of the present petitioner is not distinguishable to that of co-accused. It is also contended that injury assigned to the Mushtaq is not dangerous to life whereas, complainant party attacked and assaulted on the petitioner and his family members. The accused petitioner are in judicial lockup since long, trial of the case is likely to take time, hence the accused petitioner be released on bail.

(3.) On the other hand, learned Public Prosecutor has opposed the bail application.