ANKIT PANDIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.487/2019, registered at Police Station Suratgarh City, District Sri Ganganagar, for the offences under Ss. 307, 326/34, 323/34 IPC and Sec. 27 of the Arms Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioner submitted that the co-accused persons namely Nand Ram (S.B. Criminal Miscellaneous Bail Application No.403/2019) and Surendra Pal (S.B. Criminal Miscellaneous Bail Application No.15735/2019) and Ankush Choudhary @ Ankush Kumar @ Sonu (S.B. Criminal Miscellaneous Bail Application No.1370/2023) have already been enlarged on bail by this Court vide orders dtd. 24/1/2020, 1/2/2023 respectively. Learned counsel further submitted that though initially an FIR was lodged against the present petitioner for the offences under Sec. 307 IPC and the charge-sheet was also filed for the same offence. However, the competent criminal court framed the charges against him for the offences under Ss. 326/34, 279, 323 and 34 IPC and Sec. 27 of the Arms Act. Learned counsel further submitted that the offences for which the present petitioner is facing trial, are triable by court of Magistrate.

(3.) Lastly, learned counsel submitted that the case of the present petitioner is not distinguishable from that of the co-accused persons who have already been enlarged on bail. It was submitted that the petitioner is in judicial custody since 20/9/2019 and the trial of the case will take sufficiently long time, and therefore, the benefit of bail should be granted to the accused-petitioner. Learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail by this Court. Learned Public Prosecutor was also not in a position to dispute the fact that the offences for which the present petitioner is facing trial, are triable by court of Magistrate.