SUNIL CHOUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.246/2021, Police Station Boranada, District Jodhpur for the offences under Ss. 302/34 IPC.

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

(3.) It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this Court on 16/2/2022, the statement of seven prosecution witnesses have been recorded before the trial court including PW-7 Babu Lal, who is the owner of the factory, where the incident had taken place. Learned counsel further submits that the deceased Surendra Singh was working as a contract labour at the premises of PW-7 Babu Lal, however, Dampi and Mehraj were given a contract at a lessor rate than Surendra Singh was working. Learned counsel further submits that Surendra Singh went to the factory premises of PW-7 and started fighting with Dumpy and Mehraj abusing them that why they have taken his work at a lessor rate. He further submits that the deceased along with other persons were aggressor and a free fight took place at the factory premises of PW-7 in which Surendra Singh sustained injuries, due to which he died in the hospital. He further submits that there was no intention on the part of the petitioner to cause fatal injuries to Surendra Singh. He further submits that the petitioner has suffered incarceration for more than one year. Therefore, it is prayed that the petitioner may be enlarged on bail.