KESHAV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of bail petition filed under section 439 of Cr.P.C. by Mr. R.R. Baisla Advocate on behalf of the applicant Keshav Singh pertaining to FIR No.65/2007 of Police Station Basai Dang, District Dholpur in the offences under sections 353 and 307 of IPC as also 11 of R.D. Act.

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

(3.) Learned counsel for the petitioner has canvassed that he has been in custody for the last 13 months. Five prosecution witnesses have been examined and none of them has not even named his presence along with the Jagan dacoit who are alleged to have opened fire upon the police force. The petitioner was arrested in the very beginning and now one absconding accused Babulal has surrendered in the court, as a result of which, de novo trial shall be commenced in the court. There is no evidence, as such, on record, which could connect the petitioner with the alleged offences of the instant case. Apart this, there is no other criminal case pending against him in any court, hence, he may be granted indulgence of bail.