MOTI KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.611/2022 Police Station Ratangarh, District Churu for the offence punishable under Ss. 341, 323, 325, 307/34 of IPC.

(2.) Learned counsel for the petitioners submits that injured Ghasi Khan received two injuries, which are found to be grievous in nature but according to the statement of injured Ghasi Khan, only omnibus allegation has been levelled against Sikander Khan, Arshad and Moti Khan. Challan of the case has been presented. The petitioner is in the judicial custody since 25/6/2023 and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioners.

(3.) Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and submitted that if petitioners granted benefit of bail, there may be an apprehension that petitioners may cause another incident to harm the complainant, therefore, petitioners should not be granted benefit of bail.