DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Mr. Mukesh Bijraniya Advocate on behalf of the applicant Dinesh Kumar pertaining to F. I. R. No. 61/2009 of Police Station Sadar fatehpur in the offences under Sections 304 and 323 of IPC

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

(3.) LEARNED counsel for the petitioners has contended that he has been falsely implicated in this case. From the facts as narrated in the FIR as also collected by the Investigating Officer, do not constitute an offence under Section 304 of IPC. The fact is that the petitioner was taking the pick up back and that time Dhanesh aged 15 years came under the pick up and died. The cause of death as described by Medical jurist has been found to be shock due to head injury and infra cranial hemorrhage which occurred because of this accident. The petitioner has been in custody since 13. 7. 2009, hence, he may be granted indulgence of bail.