JITENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.292/2022, registered at Police Station Merta City , District Nagaur for the offences punishable under Ss. 147, 148, 149, 341, 323, 324, 325, 302, 307 and 120B IPC. Heard learned counsel for the petitioner so also the learned Public Prosecutor as well as learned counsel for the complainant and perused the material available on record.

(2.) Learned counsel for the petitioner submitted from the perusal of the charge sheet filed by the Investigating Agency in connection with the incident dtd. 28/7/2022, it is evident that a free fight took place between the complainant and accused persons at the spur of the moment, on a dispute regarding digging of land for better drainage/passage of water. Learned counsel for the petitioner further submitted that though there is an allegation of causing injury upon deceased by an iron rod, but from the perusal of the postmortem report prepared by the Medical Board constituted at the Community Health Centre, Merta City, it is evident that there is only one injury on the forearm of the deceased. Learned counsel for the petitioner further submitted that initially final report with regard to cause of death was withheld by the Medical Board till FSL report is received. Learned counsel for the petitioner further submitted that after receiving the FSL report in response to the letter of SHO, Police Station Merta City, District Nagaur, seeking final opinion with regard to cause of death of the deceased, the Medical Board has informed on 10/2/2023, the cause of death being Ischaemic Cardiac Event (Cardiac Respiratory Failure). Learned counsel for the petitioner submitted that in view of the aforesaid, it is clear that the cause of death of the deceased was not injury inflicted by an iron rod. Learned counsel for the petitioner further submitted that co-accused persons namely Pooja, Ramu Narawat @ Ramu Sansi and Pappu Singh have already been enlarged on bail by a coordinate Bench of this Court vide orders dtd. 7/12/2022 and 25/11/2022 in S.B. Criminal Misc. Bail Application Nos.15566/2022 and 15062/2022 respectively. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused petitioner. On the contrary, learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application of the accused-petitioner.

(3.) Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.