SUDHAKAR RAO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second 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.15/2019, Police Station Kotwali Nimbahera, District Chittorgarh for the offence under Ss. 147, 148, 341, 323, 325 and 307/149 IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner submits that after the rejection of the first bail application of the petitioner on 7/3/2024, the prosecution has filed an application under Sec. 311 Cr.P.C., recalling six witnesses. Learned counsel submits that by virtue of the order passed by the learned trial court on 3/5/2024, recalling certain witnesses will result into the petitioner facing the trial de novo. He submits that the petitioner has already suffered incarceration for more than five and a half years and co-accused Devilal, whose case is similarly situated to the petitioner, has been enlarged on bail by the co-ordinate Bench of this Court vide order dtd. 23/1/2023. He, therefore, prays that the petitioner may be enlarged on bail.