INDRA SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is second bail application filed under Section 439. The first bail application was rejected on 15.12.2014, however, while rejecting the same, liberty was granted to the petitioners to file fresh bail application after filing of charge-sheet.

(2.) Learned counsel for the petitioners has submitted that the charge-sheet has been filed against the petitioners on 30.11.2014. It is contended that in fact, there was free fight between the petitioners and the complainant and other persons in which the petitioners have also received injuries and in respect of that, an FIR has been lodged by the petitioners on 02.09.2014, to wherein the police has filed charge-sheet against the complainant party for the offences punishable under Sections 341 and 323/34 IPC. It is also argued that in charge-sheet, the police has concluded that the dispute between the parties was regarding the loud speaker installed by the complainant party and then the petitioners and other persons asked them to turn down the volume of the is loud speaker, fight took place. It is contended that the petitioners are in custody since 30.01.2014 (sic.), therefore, they may be released on bail.

(3.) Learned Public Prosecutor has opposed the second bail application.