NEERAJ ALIAS TILLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 438 of cr. P. C. by Mr. M. M. Ranjan Advocate on behalf of the applicants pertaining to F. I. R. No. 312/2009 of police station Mundawar, District Alwar in the offences under Sections 341, 323 and 326 of IPC.

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

(3.) LEARNED counsel for the petitioners has canvassed that they are being falsely implicated in this case by police. He took me through the medical examination report of injured Khagendra @ Sonu and contended that injury No. 4 albeit, has been described to be incised wound caused over upper lip but so far as, the nature of weapon used is concerned, it is stated by the doctor that it is 'sharp type' weapon. Doctor has categorically stated that this injury has been caused by sharp type weapon. Hence, the police has wrongly registered the case in the offence under Section 326 of IPC. The offence does not travel beyond 325 of IPC, which is bailable and, as such, the petitioners are entitled to get anticipatory bail in this case.