HASIM @ ABDUL ASIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this third bail application under Sec. 439 of Cr.P.C.

(2.) F.I.R. No. 382/2020 registered at Police Station Malrana Dungar, Sawai Madhopur for offence under Ss. 147, 148, 149, 323, 341, 307, 302 and 504 of I.P.C.

(3.) It is contended by counsel for the petitioner that statement of eye witness has been recorded. A cross case was lodged against the complainant party, in which charge-sheet has been filed and the Investigating Officer has also come to the conclusion that complainant side were the aggressors. It is also contended that from the side of the petitioner, Azam received fourteen injuries, Noor Bano & Siraj received six injuries each and Hasim the present petitioner, also received two injuries. It is further contended that house of the petitioner side was put on fire by the complainant side. It is contended that there are general allegations that six persons from the side of the petitioner called upon Bablu to run over the vehicle on the complainant side. It is also contended that the allegation against the petitioner is that he was sitting in the vehicle and when the vehicle hit the deceased, he also caused injury to the deceased with Gandasi, however, as per the postmortem report, there is no injury caused to the deceased by Gandasi.