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2021 Supreme(Raj) 2232

DEVENDRA KACHHAWAHA
Dinesh Gurjar – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Narendra Singh Rajpurohit, Advocate, Mukhtiyar Khan, Advocate

JUDGMENT

Devendra Kachhawaha, 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.270/2021, Police Station Kotwali, District Pali, registered for the offence punishable under Sections 380 and 457 of the Indian Penal Code.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that offences are triable by Magistrate; benefit of bail has been granted to other co-accused persons, namely, Bhatraj @ Bhatia and Vinod Kumar; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that earlier six other cases were registered against the accused-petitioner.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; benefit of bail has been granted to other co-accused persons namely, Bhatraj @ Bh

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