DHARMENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of second bail application filed under Section 439 of Cr. P. C. by Mr. Rajendra Prasad Advocate on behalf of the applicant Dharmendra pertaining to f. I. R. No. 123/2009 at police station kanchanpur, District Dholpur, in the offences under Sections 143, 323, 341, 336 and 379 of ipc.

(2.) HEARD learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioner has canvassed that the petitioner is alleged to have been armed with an axe and assaulted upon the skull of injured Om Prakash and caused grievous injury but on C. T. Scan, the injury caused on the skull has been found to be simple in nature. Apart this, no recovery of axe has been made from his possession or at his instance. On the contrary, the recovery of one wooden Funta is found to have been made pursuant to the information rendered by him under Section 27 of Indian Evidence Act. The complainant endeavoured to falsely rope in, all the members of the family in this case. Out of eight persons, four persons were left out by the police during investigation and charge-sheet has been filed against the petitioner and his three brother by the police in the court. Three co-accused persons are already on bail, hence, the petitioner may also be granted indulgence of bail, as the case is pending trial, which is likely to take time.