BHIKHARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.81/2021 of Police Station Kotwali, District Jalore for the offence punishable under Ss. 341 and 302/34 of IPC.

(2.) Learned counsel for the petitioner submits that similarly situated co-accused namely Smt. Manju Devi and Ms. Sangeeta both have been enlarged on bail by the co-ordinate Bench of this Court and the case of present petitioner is also similar to those of co-accused. Only omnibus allegations have been levelled against all the accused for inflicting injuries to the deceased. Counsel further submits that there are cross-cases between the parties in which the Police also mentioned that both the parties were aggressors. Furthermore, complainant Deep Singh has been examined before the Court and there are material contradictions, improvements and omission in his statement. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor has opposed the prayer for bail.