BASTIMAL 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.202/2021, Police Station Deogarh, District Rajsamand, for the offences punishable under Ss. 147, 148, 149, 341, 302 and 34 of IPC.

(2.) Counsel for the petitioner submits that similarly situated co-accused Gopi Lal and Mahaveer Lal both have already been enlarged on bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to the co-accused. Counsel further submits that all the four eye-witnesses namely Gotu Lal (PW-1), Kastor (PW-2), Suresh (PW-3) and Mema Devi (PW-4) have been examined before the trial Court and they have not supported the prosecution story and turned hostile. The accused-petitioner is in judicial custody since 4/5/2021 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 vehemently opposed the bail application.