MAHENDRA PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 152/2021 registered at Police Station Gudamalani, District Barmer for the offences under Ss. 147, 148, 323, 452, 427, 326-A and 307 of I.P.C.

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

(3.) Learned counsel for the petitioner submits that the petitioner has not been named in the F.I.R. as also in the statements of the injured witnesses viz. Mohanlal, Tikmaram and Jalaram, whose statements were recorded by the police on 6/8/2021, the date of lodging the report. He further submits that the name of the petitioner was first appeared in the statement of Jagdish Kumar, which was recorded after a period of about 13 days on 19/8/2021. The petitioner has been falsely implicated in this case. No specific overt act has been alleged against the petitioner. He further submits that there is no allegation of using acid by the petitioner in the statement of witness Jagdish Kumar also. No recovery has been effected from the possession of the petitioner. He further submits that one injury on right parietal region of injured Jalaram has been found as simple in nature. All injuries sustained by injured Tikmaram have also been found simple in nature. It is not proved against the petitioner that he caused burn injury to Mohanlal. He further submits that the police did not investigate the case in a fair manner. In the police report, it is averred that Raichand Ram, Ompuri, Gopalpuri, Tejaram, Bhomaram, Mukesh, Omprakash s/o Ramuram, Narayan Ram and Suresh were not found involved in the case, whereas, the accused Kanaram, Mahendra Pal and Lalaram have been charge-sheeted for the offences under Ss. 147, 148, 323, 452, 427, 436, 326B and 307/149 of I.P.C. and the accused Jagdish Puri, Khetaram, Tulchharam and Hanuman Ram etc. have been shown as absconded. He further submits that the petitioner is behind the bar for about four months. The charge sheet has already been filed. In the above circumstances, learned counsel for the petitioner prays that the petitioner may be enlarged on bail.