RAHIS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.05/2019 registered at Police Station Kanchanpur, District Dholpur for the offence(s) under Sec. (s) 147, 148, 149, 323, 341, 325, 307, 302 and 336 of I.P.C. and later on for the offence under Sec. s 147, 148, 149, 323, 341, 325, 307 and 302 I.P.C.

(2.) Learned counsel for the petitioner submitted that allegation against him of inflicting a blow on hand of deceased-Deshraj with farsa (a sharp edged weapon) is not medically corroborated and cause of death, as per the postmortem report, is gunshot injury attributed to accused-Gabbar. He submitted that the petitioner is in custody since 3/2/2020, prosecution evidence is yet to start and prayed for his release on bail

(3.) Learned Public Prosecutor assisted by learned counsel for the complainant opposing the third bail application submitted that the petitioner was a member of unlawful assembly. They submitted that even otherwise also, in view of his criminal antecedents, the petitioner does not deserve indulgence of bail.