1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 6363/2010 Rameshwar Vs State of Rajasthan through PP 11.8.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Sanjay Joshi -for the petitioner Mr Amit Poonia - Public Prosecutor BY THE COURT: I have heard learned counsel for the parties and perused the material available on record. Learned counsel for the petitioner submits that co-accused has been granted bail by the court below under section 438 CrPC and the case of the petitioner is not different than co-accused. Hence, petitioner may be granted benefit of anticipatory bail. On the other hand, learned Public Prosecutor has opposed the bail application. He submits that co-accused Ram Kishore was denied bail by this court vide order dated 30.6.2010 and case of petitioner is not different than him. Learned District Sessions Judge, Jaipur City, Jaipur passed the order granting bail 2 to co-accused as if he was undertaking trial therein, which is not the scope of bail. After taking into consideration rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, but looking to the facts of this case, I am not inclined to grant anticipatory bail to the petitioner. Hence, bail application is dismissed. (MN BHANDARI), J. bnsharma