HEMRAJ 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.577/2021, Police Station Sanchore, District Jalore, registered for the offence under Ss. 341, 323, 324, 326 and 307/34 IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioner stated that as per prosecution, incident took place on 25/11/2021 and the injury report was prepared on 14/12/2021 and there is no satisfactory explanation for such a long delay. It is further stated that as per opinion available on the basis of x-ray report, injury No.1 although found grievous/sharp in nature but not found dangerous to life. It is further submitted that benefit of bail has been granted to coaccused Praveen Kumar by co-ordinate Bench of this Court vide order dtd. 14/2/2022 and co-accused Narpat Ram by this Court vide order dtd. 15/3/2022. It is further submitted that chargesheet has been filed and further trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioner.

(3.) On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that injury is attributed to the accused-petitioner and not against the coaccused persons who have been granted benefit of bail. It is further submitted that weapon 'dantaliya' is also recovered from the accused-petitioner.