1 S.B.Cr.Misc. Bail Appli. No.5160/2007 (Rama alias Ramawatar vs. State of Rajasthan) Date of order : February 22, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.Hemant Dutt, for the petitioner. Mr.J.P.S.Choudhary, P.P. for the State. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioner that similarly situated co-accused Hanuman has been granted bail by this Court. On perusal of the order granting bail to co-accused Hanuman, it appears that though Hanuman was put to identification test parade yet three eye-witnesses viz. Gurmel Singh, Bahadur and Dalip Singh did not identify Hanuman. Therefore, considering the fact that Hanuman had not been identified by any of the eye-witnesses, he was granted bail. In the instant case, the petitioner has been identified 2 by eye-witness Gurmel Singh. Therefore, the case of the present petitioner is distinguishable from that of co-accused Hanuman. In the circumstances, therefore, in my view, it is not a fit case to grant bail to the petitioner. The bail application filed by the petitioner under section 439 Cr.P.C. is, therefore, dismissed. (H.R.PANWAR),J. m.asif/-