Roshan vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.12/2021 registered at Police Station Bhupalsagar, District Chittorgarh registered for the offences punishable under Sections 460, 302, 201 and 392 of the IPC.

Learned counsel for the petitioner submits that similar situated co-accused persons, viz., Ratan Lal @ Tali and Dashrath have already been enlarged on bail by this Court and the case of present petitioner is not distinguishable. Recovery of ornaments has already been made from all the four accused including the present petitioner. Counsel further submits that the petitioner has been implicated in this case only on the basis of interrogation note and there is no other direct evidence against him. The petitioner is in judicial custody and trial of the case will take sufficiently long time. Therefore, it is prayed that benefit of bail may be granted to the petitioner.

Learned Public Prosecutor has opposed the prayer made by learned counsel for the petitioner.

I have heard and considered the arguments advanced before me and perused the material available on record.

Upon perusal of the bail orders of co-accused persons wherein it is specifically mentioned that the main accused in this case is Gehri Lal @ Goru Lal & Roshan and the allegation against the co-accused persons, viz., Ratan Lal @ Tali & Dashrath is only that they were standing outside the house of deceased when the alleged crime took place.

In these circumstances, this Court in not inclined to grant benefit of bail to the petitioner. Hence, the bail application filed by the petitioner is hereby rejected.