MOHAMMAD KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No. 124/2024 registered at Police Station Dhanau, District- Barmer for offences under Ss. 191(2), 191(3), 190, 331(8), 115(2), 103(1) and 61(2)(a) of BNS.

(2.) Heard learned Counsel for the petitioner, learned Public Prosecutor and the learned Counsel for the complainant. Perused the material available on record.

(3.) Learned Counsel for the petitioner submitted that as per the story of the prosecution the complainant Kasam Khan filed a written report on 11/9/2024 at Police Station Dhanau to the effect that on 10/9/2024 at 2.30 AM while his cousin Ahmed Ali and his wife Khadd Bai were sleeping in the courtyard of the house, accused Fakira, Nasir and his family members and relatives Makhan, Umar, Jiyara, Nidaam, Dilawar and Bahadur of Punjasar with 5-6 persons armed with sharp edged weapons entered in the house and inflicted injuries by sharp edged weapons. On their protest accused persons ran away from the spot. Learned Counsel for the petitioner submitted that accused-petitioner has been falsely implicated in the present case. He has not been named in the FIR. No overt act has been attributed to the present petitioner. Accused was not present at the scene of occurrence. As per the statement of Khadd Bai recorded under Sec. 164 of Cr.P.C., the present petitioner was standing outside his house. Learned Counsel for the petitioner submitted that the petitioner neither entered in the house nor assaulted on anyone.