MAHESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners are lugged and locked in F.I.R No. 268/2023 of Police Station Sanchore, District Jalore, for the offences under Ss. 449, 302/34 of the Indian Penal Code and under Sec. 3/25, 27 of Arms Act. They have filed this application for restoration of liberty under Sec. 439 of the Code of Criminal Procedure, 1973 (Sec. 483 of BNSS).

(2.) Shorn of details, the facts leading to this bail application are that Prakash, the son of the deceased Masinga Ram, lodged an F.I.R. on 20/5/2023 stating that the previous day, around 6 p.m., his father was sleeping at home while he was working nearby. During that time, two individuals with their faces covered entered into the house and attacked his father. They cut his father's nose with a knife and inflicted injuries on various parts of his body. Additionally, they fired a pistol at his father. When his father screamed, both the attackers fled. While they were running away, a man named Lakha Ram, who was passing in front of the house, witnessed the assailants. Unfortunately, Prakash's father succumbed to his injuries during treatment.

(3.) Shri Kunal Upadhayay, learned counsel representing the petitioners vehemently urged that petitioners are innocent persons and a false case has been foisted against them; that entire allegations so leveled by the police against the petitioners are totally false and baseless; that there is no evidence worth the name on record to connect the petitioners with the alleged crime. Concluding submissions, he asserted that petitioners are entitled to be enlarged on bail.