(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Shri Abdul Rahim Khan Advocate on behalf of the applicant Rafif Tayar pertaining to F. I. R. No. 151/2009 at police station Udhyog nagar, Kota, in the offences under Sections 399 and 402 of IPC and Section 3/25 and 4/25 of Arms act.
(2.) HEARD the learned counsel for the petitioner learned Public Prosecutor appearing for the State and perused the material on record.
(3.) LEARNED counsel for the petitioner has canvassed that the co-accused Zahid has already been enlarged on bail by the co-ordinate Bench. It is alleged that a sword was recovered from his possession. Similarly, in the case of petitioner, one Chhura is alleged to have been recovered. The case of the petitioner is distinguishable from the case of Abid @ Bunti. A fire arm is said to have been recovered from him. Hence, on the ground of parity, he may also be granted indulgence of bail.