KAMLESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.74/2021, Police Station Gingala, Distt. Udaipur for the offence under Sec. 302/34 IPC.

(2.) Learned counsel for the petitioner submits that eye-witnesses Ganga Meena and Praksh have specifically made allegation against co-accused Dinesh. The accused-petitioner Kamlesh and Smt. Jamna Devi gave only fist-blows. It is further stated that co-accused Jamna Devi has already been granted bail by this Court and the case of the present petitioner is not distinguishable from that of the co-accused. Moreover, challan of the case has already been presented The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor has opposed the bail application.