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2023 Supreme(Raj) 723

MADAN GOPAL VYAS
Dulle Khan S/o Shri Hasan Khan – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ram Niwas
For the Respondent: Mr. Laxman Solanki, PP

JUDGMENT :

The present third 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.119/2020, Police Station Sankara, District Jaisalmer, for the offences under Sections 147, 148, 323, 326, 307, 452 and 354/149 of the IPC.

2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that the other co-accused Hasam Khan, Farukh Khan, Aamdeen @ Ambe Khan, Ladu Khan, Anwar Khan, Nawab Khan, Nagmate Khan, Jannu Khan and Iqbal Khan have already been enlarged on bail and the case of the present petitioner is not distinguishable from that of the co-accused. The charge-sheet has been filed in the matter. Further, it is submitted there are contradictions in the statements of the witnesses. It is submitted that the petitioner is behind the bars since long and trial of the case will take long time. Therefore, he may be enlarged on bail.

3. Learned Public Prosecutor opposed the bail application. Learned Public Prosecutor submits that in the present case the statements of victim Guddi were recorded in the trial court as PW1 wherein she has specifically

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