MOHAMMAD AJAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.69/2016, Police Station Ambamata, District Udaipur, registered for the offence punishable under Ss. 307 and 120-B of the Indian Penal Code.

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

(3.) Learned counsel for the petitioner stated that petitioner is behind the bars since 29/10/2018; charge-sheet has been filed; name of the petitioner has not been mentioned in the FIR; statements of eleven witnesses have been recorded before the learned trial Court; witnesses PW.1 to PW.6 did not support the story of prosecution and turned hostile; statement of Dr. Irfan recorded as PW.7, during the statement he opined that injury for which opinion has been obtained is found as simple in nature and it is also corroborated at the page No.140 of the charge-sheet; no specific allegation has been made against the petitioner; benefit of bail has been granted to co-accused persons, namely, Imtiyaz @ Salim, Aslam @ Mama @ Dantala & Anr., Akshay Jain, Iqbal Vipar, Magan Singh, Mohammad Yunush, Javed Khan and Abdul Razzak @ Bittu; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.