The delay in the conclusion of the proceedings and the bail granted to similarly situated co-accused persons are significant factors in considering a bail application.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - The petitioner has been arrested in FIR No.206/2017 Police Station Sardarpura, Jodhpur City West for the offences punishable under Sections 302/34, 120-B of IPC and Section 3/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner has pointed out that out of total 67 witnesses only 5 witness have been examined. He further submits that the petitioner is in custody for about five years and two months.

3. Learned counsel for the petitioner submits that similarly situated co-accused persons Puneet, Jagdeep @ Jagga, Farooq, Khimanshu Gehlot, Harish Prajapat, Bheru Singh, Narpat @ Naresh Joshi, Samandar Singh, Arpit have already enlarged on bail.

Learned Public Prosecutor opposes the bail application.

4. Heard learned counsel for the parties as well as perused the material available on record.

5. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that similarly situated co-accused person has been granted bail and conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bhoma Ram S/o Hajari Ram shall be released on bail in connection with FIR No.206/2017 Police Station Sardarpura, Jodhpur City West provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.