ASHOK KHATRI Vs. STATE

JUDGEMENT

(1.) This order shall dispose of second bail application filed on behalf of petitioner.

(2.) Brief facts of this case are that on 3.09.2005 at about 09.30 PM petitioner Ashok Khatri, Raj Kumar, Anil, Anar Singh, Anand@Dhammal, Shailender and Dharampal went to the house of Ajay Rana. Petitioner asked Ajay Rana to come out of his house and questioned him as to why he was asking them to remove malba (debris) from the street. Victim Ajay Rana told them that since they were constructing their house in front of his house, the malba was lying on the road which obstructed their way for ingress and egress of their house and therefore he had asked them to remove the malba. On this, petitioner asked his associate to kill Ajay Rana and petitioner took a sword from his father (accused Dharampal) and stabbed Ajay Rana on his head. When Ajay Rana tried to run away he was caught hold of by co-accused Dharampal. Dhammal along with co-accused Raj kumar and Anil also attacked Ajay Rana with their respective swords. Complainant tried to save her husband but she was also pushed away and thrown on the floor. Accused Shailender also joined others and stabbed Ajay Rana with the sword which he was carrying in his hand. Ajay Rana fell down on the spot. Upon hearing noise, sister-in-law (jethani) of the complainant, Smt. Bimla and her son Saurabh also came there. They all tried to save Ajay Rana but Anar Singh and Shailender also stabbed Bimla Rana on her head with their sword and she also fell down. Thereafter, they all ran away from the spot. Deceased Ajay Rana and injured Bimla Rana were taken to Mann hospital, Shakti Nagar and from there they were taken to Trauma Center, where Bimla was admitted and due to non availability of ventilator either in Mann hospital or in Trauma Center, Ajay Rana was taken to Sanjivini Hospital where he succumbed to his injuries.

(3.) As per present application, bail has been sought on the following grounds;