DURGESH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the material on record.

(2.) The petitioner has been arrested in FIR No.299/2018 of Police Station Amba Mata, District Udaipur for the offence punishable under Sec. 302 IPC. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the Coordinate Bench of this Court vide order dtd. 16/12/2021 has enlarged co-accused Ashish Baresha on bail. It is submitted that the allegation against co-accused Ashish Baresha is to the effect that he conducted reiki when the incident happened. It is also submitted that the allegation against the petitioner is also to the effect that he along with co-accused Ashish Baresha conducted reiki on the day of the incident. Learned counsel for the petitioner has submitted that since similarly situated co-accused Ashish Baresha has already been enlarged on bail, the petitioner is also entitled to be enlarged on bail.