ARVIND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.323/2021 registered at Police Station Sajjangarh, District Banswara, for the offences punishable under Ss. 341, 323 and 302/34 IPC. Heard learned counsel for the petitioners as also the learned Public Prosecutor and perused the material available on record.

(2.) Learned counsel for the petitioners submitted that similarly situated co-accused Ashwin has already been enlarged on bail by the coordinate Bench of this Court vide order dtd. 4/1/2023 passed in S.B. Criminal Misc. 2nd Bail Application No.14487/2022. Learned counsel for the petitioners further submits that the case of the petitioners is not distinguishable with that of the case of co-accused Ashwin and Lalji who has also been enlarged on bail by this Court vide order dtd. 10/4/2023 passed in S.B. Criminal Misc. Bail Application No.1121/2023. For ready reference, the order dtd. 4/1/2023 is reproduced here-in-below:-

(3.) 'The petitioner has been arrested in connection with FIR No.323/2021 of Police Station Sajjangarh, Distt. Banswara for the offence punishable under Ss. 341, 323 and 302/34 of IPC. He has preferred this second bail application under Sec. 439 Cr.P.C. The first bail application was dismissed as not pressed on 5/3/2022 with liberty to file afresh after filing recording the statement of Lal Singh and Vijay Pal. Counsel for the petitioner submits that now Lal Singh (PW/2) and Vijay Pal (PW/3) have been examined before the trial Court and as per their statement, no specific allegation has been levelled against the present petitioner. Counsel further submits that both the witnesses stated that the accused came and only gave fist blows. 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. Learned Public Prosecutor has opposed the bail application.