KHET SINGH Vs. STATE

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in custody in relation to F.I.R. No.221/2020, Police Station Kotwali, District Barmer, for the offences under Sections 458, 323, 354, 504 and 509/34 IPC.

(2.) Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

(3.) On perusal of the impugned order and the FIR, it is apparent that the role attributed to the present petitioners Khet Singh and Kalyan Singh and the co-accused Swaroop Singh is almost identical. Though as per the FIR, the petitioner Kalyan Singh was allegedly armed with a knife but it is apparent from the injury reports of the injured Om Prakash and Thakara Ram that no injury whatsoever was caused to anyone by a sharp weapon. The bail application of the co-accused Swaroop Singh was rejected by the learned Additional Sessions Judge No.1, Barmer by order dated 05.09.2020 whereupon, he approached this Court by filing Bail Application No.9870/2020, which was accepted vide order dated 07.10.2020.