BHUVNESH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 232/2020 registered at Police Station Itava, District Kota Rural for the offence under Section(s) 307, 341, 323, 427 & 143 of IPC and the charge sheet has been filed for the offence under Section(s) 307, 341, 323, 427, 143, 324 & 325 of IPC.

(2.) Learned counsel for the petitioner submitted that after dismissal of the first bail application by this Court, charge sheet has been filed; hence, this second bail application. He submitted that the injury assigned to the petitioner on the person of injured Mahendra has been found to be simple in nature. He submitted that all the injuries on his person, stated to be grievous in nature, are on non-vital part with blunt weapon and hence, the offence does not travel beyond the scope of Section 325 IPC which is bailable. With regard to his criminal antecedents, learned counsel submitted that barring one case, all other cases are under minor offences. He submitted that the petitioner is in custody since 12.09.2020, charge sheet has been filed, trial of the case will take time, similarly situated co-accused persons have been extended benefit of bail by this Court and prayed for his release on bail.

(3.) Learned Public Prosecutor assisted by learned counsel for the complainant opposing the second bail application submitted that in view of gravity of allegations against the petitioner and his criminal record, he does not deserve indulgence of bail.