MOHAMMAD SHAFIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail has been filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') in connection with FIR No. 545/2023, registered at Police Station Kotwali Nimbahera, District Chittorgarh for the offences under Sec. 307/34 of Indian Penal Code, 1860 and Sec. 3/25 of the Arms Act.

(2.) Learned counsel for the applicant argued that the applicant is not guilty of offence under Sec. 307 of IPC inasmuch as he had neither any intention to kill the deceased nor bullet cover was recovered from him and the above fact tallies with the seizure memo and report of the armour.

(3.) Mr. Zafar, learned counsel for the applicant highlighted that while preparing recovery memo, empty cartridge of the bullet is shown to be as 6.5 mm, whereas according to seizure memo and armour report, the same is shown to be 9 mm.