RAJU S/O NAURANGRANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Shri Naruka submits that in this case, the co-accused persons namely, Nikesh, Bhagwan Singh, Dinesh and Ashok have already been granted bail under Sec. 438 Cr.PC by the learned Sessions Judge as has been recorded in the order dated 5-8-91 itself. He submitted that the case against the accused petitioner is in no way different than that of the 4 co-accused persons. But in his case, the bail application has been rejected by saying that the injury caused on the arm said to have been attributed to the petitioner has been found to be grievous injury under section 326 IPC. On the last date when the case came up before the court Shri Naruka had filed an affidavit of one Shri Rampratap S/o Hanumana Ram to the effect that the petitioner had been admitted to the bail by the police itself on 22td July, 1991. In view of this affidavit, the court had directed that the Investigating Officer be produced before the court. The Investigating Officer Shii Chimna Ram Meena has stated that the petitioner was not admitted to the bail by the police, therefore, the matter was examined on merits, and the bail application was considered on merits.

(2.) Shri Naruka has argued that the petitioner is an employee in the Army and in case, he is arrested, his service prospects in army shall be affected.

(3.) Looking to the facts and circumstances of the case, I am inclined J to accept the batl application of accused petitioner under section 438 Cr.PC.