(1.) THIS order governs the disposal of bail petition filed under section 439 of Cr. P. C. by mr. Manoj Avasthi Advocate on behalf of the applicant Ashok pertaining to FIR No. 73/2006 of police Station Basai-Daang, District Dholpur in the offence under section 395 of IPC.
(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 the FIR has been lodged after an inordinate delay of five days. His name does not figure in the FIR. Co-accused persons namely ulfi @ Kiledar @ Kamal Singh, Mukesh @ Mukke and lakhan have already been enlarged on bail by the co-ordinate Bench. The case of the petitioner is similar to those of the co-accused persons. The petitioner has been in custody for quite a long time. The case is still pending trial which is likely to take time, as such, he may be granted indulgence of bail.