IRFAN Vs. STATE

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.200/2021, Police Station Gogunda, District Udaipur for the offences punishable under Ss. 341, 302, 120-B of IPC and Sec. 4/25 of Arms Act.

(2.) The first bail application was dismissed vide order dtd. 28/1/2022 by the co-ordinate Bench of this Court with liberty to file afresh after recording the statements of material witnesses.

(3.) Counsel for the petitioner submits that complainant Ganpat has been examined before the trial Court as PW-5, he only identified the co-accused Kalu Singh and not the present petitioner. Counsel further submits that similarly situated co-accused Islam Hussain @ Asu Lala and Rustam Khan @ Rustam Lala have been enlarged on bail by the trial court; Rajesh Giri has already been enlarged on bail by this Court and the case of the present petitioner is similar to those co-accused. 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.