GIRISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.257/2020, Police Station Sadar Sriganganagar for offences under Sections 302, 147 & 149 of the IPC.

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

(3.) Shri Godara submits that ex-facie the allegation of prosecution that the deceased Naresh Kumar was murdered is false and fabricated because the cause of death could not be ascertained when postmortem was conducted on the dead body. He drew the court's attention to the postmortem report wherein, opinion regarding the cause of death has been reserved for receiving the viscera report. Only five superficial bruises were noticed on the dead body when autopsy was conducted. Similar allegations are attributed by the prosecution witnesses to the Naveen Kumar and Lovepreet, both of whom have been enlarged on bail.