RAJKUMAR AACHARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.90/2023 dtd. 29/3/2023, registered at Police Station Pratap Nagar, District Jodhpur City (West), for the offence under Sec. 307/34 of IPC and Ss. 3/25 and 27 of the Arms Act.

(2.) Learned counsel representing the petitioner submits that the co-accused Naresh Gehlot, has already been enlarged on bail by the court of learned Additional Sessions Judge No.5, Jodhpur Metro vide order dtd. 20/5/2023 (Criminal Misc. No.1087/2023) and therefore, the petitioner also deserves to be released on bail.

(3.) Per contra, learned GA-cum-AAG vehemently opposes the submissions advanced on behalf of the petitioner and submits that the case of the petitioner herein is on a different footing than that of the co-accused person Naresh Gehlot, as the said co-accused person was not named in the Parcha Bayan whereas, name of the present petitioner was mentioned therein. He also submits that a Pistol and a Magazine were also recovered from the petitioner and that, the petitioner has one criminal antecedent of the like nature to his discredit. Thus, on this count alone, the petitioner does not deserve indulgence of bail in this case.