JITENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked by way of filing an application under Sec. 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: <FRM>JUDGEMENT_42_LAWS(RAJ)10_2023_1.htm</FRM>

(2.) It is contended on behalf of the accused-petitioner that co-accused Jatindra and Baljinder Singh have already been enlarged on bail by co-ordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of co-accused persons, therefore, his bail application may be allowed. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

(3.) Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.