DEVENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on the record.

(2.) The instant third bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody from 23.10.2015 in connection with F.I.R. No.452/2015, registered at Police Station Raisinghnagar, District Sri Ganganagar for the offences under Sections 399, 402 of IPC and Section 3/25 of the Arms Act.

(3.) Earlier bail application submitted on behalf of the petitioner was rejected by this Court in view of the report in the charge-sheet regarding registration of three more criminal cases of heinous nature against him at Punjab. Out of the three cases noticed by this Court, one was alleged to be involving the offence under Section 302 IPC and the other under the N.D.P.S. Act. Learned counsel has placed on record of the instant bail application, copy of the judgment dated 05.07.2014 passed by the learned Principal Magistrate, Juvenile Justice Board, Moga (Punjab) as per which, the petitioner has been acquitted in the case involving the offence under Section 302 IPC. In the other case under the NDPS Act, it is alleged that Nitrazepam weighing 100 gms. was recovered from the petitioner which is below the commercial quantity (500 gms.) and the competent court at Punjab has granted him bail in the said matter. It is claimed that other than the above two, only present criminal case has been registered against the petitioner. Learned counsel submits that similarly situted co-accused have been granted bail by this Court and the petitioner's case, in no manner, is distinguishable. Thus he prays that the petitioner deserves to be released on bail.