JITENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Pankaj Gupta, Advocate on behalf of applicant Jitendra Singh S/o Ratan Singh in FIR No. 297/2009 of Police Station, Bandikui, District Dausa in the offences under Sections 143, 148, 149, 341, 323, 448, 354 and 307 of IPC.

(2.) Heard learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record.

(3.) Learned counsel for the petitioner canvassed that co-accused persons namely Jagdish, Bhairu Singh and Ranjeet Singh have already been released on anticipatory bail by the Additional Sessions Judge, Bandikui. The first bail application filed under Section 438 of Cr.P.C. on behalf of the petitioner Jitendra Singh was dismissed by this Court on the ground that Vijay Singh and Roshan Singh, both, sustained injuries on skull, which were described by the Medical Jurist to be dangerous to life, but after re-medical examination of the injuries of injured Roshan Singh and Vijay Singh by the Medical Board comprising of three Doctors constituted at the instance of Superintendent of Police, Dausa, these injuries have been found to be simple in nature and none of the injuries sustained by both the injured persons has been described to be dangerous to life. It is a simplicitor case of Section 324 of IPC, which was bailable at the time of occurrence. From no stretch of imagination, offence under Section 326 or 307 of IPC is made out. Hence, the petitioner may be granted indulgence of anticipatory bail.