MUKHRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail applications have been filed under Sec. 439 Cr.P.C. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 157/2023 dtd. 18/8/2023 registered at Police Station Harsora, District Alwar (Now Kotputali-Behror) for the offences under Ss. 147, 148, 149, 323, 341 and 302 IPC.

(2.) Learned Counsel for the petitioners submits that the petitioners have been falsely involved in the case under Ss. 148, 302, 323 read with 149 I.P.C. The injuries caused to Asif were found to be simple and Azharuddin did not receive any injury. The main allegation of causing the death of the deceased Waseem is against the other co-accused Lalit. He further submits that injured Asif, Azharuddin and deceased Waseem were involved in felling the Banayan tree and after following them they bumped into the forest vehicle and tried to escape and against them, FIR was also registered in felling the Banyan tree in the forest Area. The presence of the accused petitioners at the place of occurrence is highly doubtful. The identification parade against Dharmpal and Mukhram has failed. The petitioners have been in custody since the arrest and the trial of the case may take considerable time, therefore the bail applications of petitioners may be allowed.

(3.) Learned Counsel appearing for petitioner Lalit contends that the petitioner has been falsely implicated under Ss. 148, 302, 323 read with Sec. 149 I.P.C. Petitioner Lalit while discharging official duty, after receiving the information from the Forester Bharat Kataria that some persons were felling Banyan tree at Ashkabas forest endeavoured to apprehend the culprits and whatever happened was in the discharge of the official duty. The accused petitioner did not cause any injury to the deceased. The entire prosecution story is false and fabricated. The deceased and eyewitnesses themselves are the culprits of felling the banyan tree therefore bail application of the petitioner may be allowed and in alternative, if the Court considers it not a fit case to enlarge the petitioner on bail then the petitioner may be granted liberty to file bail application afresh after recording statements of eyewitnesses Azharuddin and Asif.