S.B. CRIMINAL MISC. BAIL APPL. NO. 7609/2008 KUNAL JETHI VS. STATE OF RAJ. 16.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI, J. Mr. Ashvin Garg, for the petitioner. Mr. Jinender Jain, Public Prosecutor for the State. This order governs the disposal of bail application filed by Mr. Ashvin Garg, Advocate on behalf of the applicant Kunal Jethi pertaining to F.I.R. No. 176/2008 of Police Station Taleda, District Bundi in the offence under Section 307/34 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the accused petitioner has contended that the co-accused persons namely Shabir @ Bhura, Rajkiran @ Kalu, Insaf Ali and Mohd. Hussain have already been enlarged on bail by the Coordinate Bench and the case of the petitioner Kunal is not distinguishable from their case. He has been in custody for a quite long time. The fire arm injury caused to Ashu Pathan has not been opined to be dangerous to life by the Doctor. The accused has no connection with the commission of the offence as fire arm has not been used by the petitioner, as such he also on similar footing deserves to be released on bail. The learned Public Prosecutor has opposed the bail petition on the ground that the accused petitioner has been facing trial in 6-7 cases. He is a habitual offender and his bail petition may be dismissed. Having considered the submissions made at the bar and perused the material on record, the petitioner is nowhere found to have been involved in seven case as no list of cases has been produced by the prosecutor. The bail order of the Additional Sessions Judge (Fast Track) No.2 Bundi, of course, contains a mention of this fact but in the absence of the list, the involvement of the petitioner in seven cases cannot be taken to be established. However, since the rest of the co-accused persons have been granted bail by the Coordinate Bench and the case of the petitioner is similar to their cases, I, without expressing any opinion on the merits of the case, feel inclined to release the petitioner also on bail. It is, therefore, ordered that the accused petitioner Kunal Jethi S/o Sitaram Jethi in FIR No.176/2008, Police Station Taleda District Bundi, shall be released on bail on furnishing a personal bond of Rs.30,000/- (Rs.Thirty Thousand) together with one surety in the like amount to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. Pcg