GAJENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail applications have been filed under Sec. 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 193/2020, Police Station Khinvsar, District Nagaur, registered for the offences under Ss. 148, 341, 323 and 302/149 of the Indian Penal Code.

(2.) Heard learned counsel for the petitioners, learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.

(3.) Learned counsel for the petitioners stated that the complainant side were the aggressors and they have committed crime against the petitioners' side; that the incident in question took place near Bharat Gas Agency; that as per the statement of Chimna Ram (one of the eye-witness), head injury of the deceased (Guman Ram) was attributed to Surja Ram; that as per the injury report, there were two injuries; that injury No.1 was skin deep lacerated wound and injury No.2 was abrasion; that as per the postmortem report, there were 14 injuries, 8 were abrasions and remaining were bruises; that no specific allegation was levelled against the accused-petitioners and only omnibus allegations were levelled against all the accused persons; that benefit of bail was granted to Nojal Devi @ Nauji Devi, Bhalla Ram and Surja Ram; that the witnesses Smt. Urma W/o Rameshwar Lal and Smt. Sayari W/o Badar Ram were independent witnesses; that as per their statement, they cannot be said to be eyewitnesses; that charge-sheet has been filed; and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioners.