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Rajasthan High Court · body

2020 DIGILAW 208 (RAJ)

Sharwan Singh Sodha v. State of Rajasthan

2020-01-22

VINIT KUMAR MATHUR

body2020
JUDGMENT 1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.525/2017, Police Station Nokha, District Bikaner for the offences under Sections 302, 364, 449, 147, 148 & 149 of IPC. 2. Heard learned counsels for the parties. Perused the material available on record. 3. Learned counsel for the petitioner submits that the case of the present petitioner is similar to the co-accused Ratana Ram @ Ram Ratan who has been enlarged on bail by this Court vide order dated 17.07.2018. Therefore, he prays that the present petitioner may be enlarged on bail. 4. Per contra, the learned Public Prosecutor and learned counsel for the complainant submit that the present petitioner has been identified during the identification parade. They further submit that the iron rod which is blood stain has been recovered from the present petitioner. The case of the present petitioner is quite distinguishable from the person who has been enlarged on bail by this Court. 5. Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage. 6. Accordingly, the present bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed at this stage.