JAHID KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These bail applications have been filed under Sec. 439 Cr.P.C in connection with FIR No.133/2021 registered at Police Station Lalkothi, Jaipur City (East) for the offences under Ss. 147, 148, 149, 323, 341, 434, 307 and 302 of I.P.C. and 4/25 of Arms Act.

(2.) Learned counsel for the petitioners submits that in this matter, cross FIR has been lodged in which the complainant party is aggressor and proper video footage of the entire incident is available. In the present matter accused- Anas and Faizal were juveniles and the juvenile Court has acquitted them. Recovery of spade (Fawda) is falsified as there is no injury of the Fawda on the person of deceased. No specific role has been attributed of Jahid Khan, Tahir Khan and Arshad Khan. The petitioners had no weapon in their hands nor they caused any injury. Counsel further submits that charge-sheet has been filed and the conclusion of the trial will take time. Hence, petitioners may be enlarged on bail.

(3.) Learned counsel for the petitioners have relied upon the orders passed in the cases of Naresh Vs. State and Anr. (S.B. Criminal Appeal No.1920/2021) decided on 6/4/2022 Rajasthan High Court, Narain Vs. State of Rajasthan S.B. Criminal Misc. Bail Application No.1336/2001 decided on 17/4/2001 Rajasthan High Court, Ganpat Vs. State of Rajasthan reported in 1998 (2) RajCriC 198, Laxmi Narain and Anr. Vs. State of Rajasthan reported in 2001 SCC OnLine Raj. 416, Laxmi Narain Vs. State of Rajasthan and ors. D.B. Criminal Appeal No.1643/2002 decided on 28/4/2005 Rajasthan High Court and Rajendra and ors. Vs. State of Rajasthan reported in 2005 SCC OnLine Raj. 363.