TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Sunil Kumar Singodiya Advocate on behalf of the applicant Tej Singh Pertaining to F.I.R. No. 163/08 of police station Roopwas, District Bharatpur in the offences under Section 379, 411 of IPC and Section 3 of P.D.P.P. Act.

(2.) Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record.

(3.) Learned counsel for the petitioner has contended that the co-accused persons namely Bishan Singh, Diwal Singh, Wall Singh, Sonu @ sonaram and Jagan Singh have already been enlarged on bail by the learned Additional Sessions Judge, No. 2, Bayana, District Bharatpur. The case of the petitioner is similar to those of the co-accused persons and on the ground of parity, the petitioner also deserves bail. Learned counsel has further canvassed that the co-accused persons were also facing trial in more than one criminal cases. The same case is of the present petitioner. Learned Additional Sessions Judge having adopted discriminatory attitude granted bail to the co-accused persons namely Bishan Singh, Diwal Singh and others whereas, dismissed the bail petition filed on behalf of the petitioner and thus he also deserves bail. The third argument advanced by the learned counsel for the petitioner is that the petitioner Tej Singh has already been enlarged on bail in two criminal cases by the co-ordinate Bench, as such in other cases pending before this court, the petitioner should be meted out the same treatment.