SUNIL Vs. STATE OF RAJASTHAN

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.77/2023 registered at Police Station RIICO Aburoad, District Sirohit for the offence punishable under Ss. 341, 323 and 307/34 of the IPC. Learned counsel for the petitioner submits that identification of the petitioner is doubtful and complainant has also not named the petitioner. Counsel further submits that the recovery of knife has been made from co-accused Kaluram @ Kalu and only motorcycle has been recovered from the possession of present petitioner. Challan of the case has already been presented. The petitioner is in judicial custody and trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner. Per contra learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail.

(2.) Heard learned counsel for the parties and perused the material available on record. According to the injury report of the injured-Ramesh, he received three injuries and all of them are found to be grievous in nature. The petitioner along with co-accused inflicted injuries to the injured. The bail application of co-accused Kaluram @ Kalu has already rejected by a co-ordinate Bench of this Court. In these circumstances, no case is made out for grant of bail to the petitioner. Hence, the bail application filed by the petitioner is hereby rejected. However, liberty is granted to the petitioner to file afresh after recording the statement of injured Ramesh.