ANIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.

(2.) The petitioner has been arrested in FIR No. 104/2018 of Police Station Falna, District Pali for the offences punishable under Ss. 148, 149, 459, 324, 325 and 307/34 IPC. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that after rejection of first bail application of the petitioner, statement of injured Ratan Lal has been recorded before the trial court as PW-3. Learned counsel for the petitioner has submitted that though injured Ratan Lal in his court statements has alleged that the petitioner inflicted a blow on his head by sharp edged weapon dhariya but as per the medical opinion, the said injury might be dangerous to life if not treated. Learned counsel for the petitioner has submitted that taking into consideration this aspect of the matter, it is clear that the injury allegedly caused by the petitioner on the head of injured Ratan Lal was not fatal and he had no intention to kill him. Learned counsel for the petitioner has also submitted that the petitioner is in custody from about ten months and all the other co-accused persons have already been enlarged on bail and trial of the case will take time, therefore, the petitioner is also entitled to be enlarged on bail.