SHAMBHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. The petitioner has been arrested in FIR No.352/2022 of Police Station Bheem, District Rajsamand for the offences punishable under Ss. 341, 323 and 395 IPC. He has preferred this bail application under Sec. 439 Cr.P.C. Learned counsel for the petitioner has submitted that co-accused Mahipal Singh @ Khatri has already been enlarged on bail by the Coordinate Bench of this Court vide order dtd. 20/12/2022 and the case of the petitioner is not distinguishable from that of co-accused person.

(2.) Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that co-accused Mahipal Singh @ Khatri has already been enlarged on bail by the Coordinate Bench of this Court vide order dtd. 20/12/2022 and the case of the petitioner is not distinguishable from that of co-accused person.

(3.) Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.