SAHABDIN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Sec. 439 CrPC.

(2.) Brief facts of the case are that an FIR No. 281/2012 was lodged at Police Station Pahari, District Bharatpur for the offence under Sec. 384 Penal Code (later on Police found the offence to have been committed under sections 395 Penal Code and 3/25 of Arms Act), whereupon the investigation was commenced. During the course of investigation, the petitioner was arrested. He moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.

(3.) Learned counsel for the petitioner contended that the petitioner has been falsely implicated in this matter. He is in judicial lock up since long and conclusion of trial will take time. He has further contended that co-accused Irfan has been released on bail by the Coordinate Bench of this court vide order dated 3.3.2015 passed in S.B. Cr.Misc. Bail Application No. 1772/2015; co-accused Aslam has been released on bail by the coordinate Bench of this court vide order dated 8.9.2014 passed in S.B. Cr. Misc. IInd Bail Application No. 8727/2014 and co-accused Liyakat has been released on bail by the Coordinate Bench of this Court vide order dated 1.9.2014 passed in S.B. Cr. Misc. IVth bail application No. 7300/2014 and the case of the petitioner is on better footing than that of co-accused persons. Hence he should be released on bail.