MAHESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is second bail application. The first bail application came to be dismissed on 13.8.2007 when the matter was at the investigation stage. After rejecting the earlier bail application, the police has concluded the investigation and challan has been filed.

(2.) Heard learned Counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and challan papers.

(3.) It is contended by learned Counsel for the petitioner that there is a cross case being FIR No. 39/07 police station- Gajner and in the cross case, the petitioner himself suffered the injuries. Apart from the petitioner, one Hari Kishan, Navneet @ Shambhoo and Uttamchand have also suffered the injuries. Hari Kishan suffered as many as seven injuries, Navneet @ Shambhoo suffered as many as five injuries, out of which two injuries are on occipital region of the skull. It is further contended that in the cross case, after investigation the police prima-facie found that the complainant party namely Roopchand, Jagdish and Ramnath etc. committed a criminal trespass on the land belonging to the petitioner and his family members and as such in view of the conclusion arrived at by the police in the cross case, the injured were found to be the aggressors having committed the offence of trespass and caused injuries to the accused party as stated above. Learned Counsel for the petitioner has invited my attention to the statements of three prosecution witnesses of CR No. 38/07 namely Shyamlal, Ramdev and Ramnath and contended that these three prosecution witnesses of this case categorically stated that the dispute arose with regard to the construction of community Choki on the land belonging to the accused party and there was material for construction i.e. bricks and stones and both the parties exchanged stones and bricks and suffered the injuries.