submitted that on 25.08.2023 FIR No. 291/2023 was registered by the same complainant against the petitioner at Police Station Railway Colony, District Kota City (Rajasthan) alleging therein that petitioner alongwith other persons have beaten him up. It is submitted that during the course of investigation in the aforesaid FIR, petitioner was arrested and subsequently, charge-sheet was filed against him. It is submitted that due to another FIR being registered against the petitioner during currency of bail, an application for cancellation of bail was preferred by the complainant and vide order dated 26.02.2024 same was cancelled. In pursuance of cancellation of bail, petitioner surrendered himself before the learned trial Court on 06.06.2024 and since then he is in judicial custody. It is submitted that facility of bail was granted to the petitioner in connection with FIR no. 291/2023 by co-ordinate bench of this court observing therein that entire incident is captured in CCTV footage and presence of petitioner cannot be established in the said footage. It was further observed that petitioner has been named in the said FIR only with an intention to seek cancellation of bail granted to him by this court. Counsel submits that complainant has also been examined and it appears from his testimony that petitioner was not involved in the alleged subsequent incident. Counsel thus, prays that in these circumstances, further custody of the petitioner would not serve any fruitful purpose.
