DINESH 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.35/2023, Police Station Boranada, Jodhpur City West for the offence under Ss. 147, 148, 149, 307, 120-B IPC and Ss. 5/27, 4/25 of Arms Act.

(2.) Learned counsel for the petitioner submits that in the statement of the injured, a specific averment has been made that four other co-accused shot and caused injuries to the injured. The petitioner was not present at the time of incident. Later on, the petitioner was implicated for offence under Sec. Sec. 120-B IPC. The petitioner is inside the jail since 18/6/2023 and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

(3.) Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and submit that the injured has made specific averment against the present petitioner in his statement and chargesheet in this case is still to be filed. In these circumstances, bail may not be granted to the petitioner.