MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal u/s 374 of Cr.P.C. read with Section 14A (2) of SC/ST (Prevention of Atrocities) Act, seeking regular bail in connection with FIR No. 251/2019 registered with Police Station Khetri, District Jhunjhunu (Raj.) for the offence/s punishable u/s 147, 148, 149, 341, 323, 324, 325, 326, 307, 450, 458, 459 of IPC and Section 4/25 of Arms Act and Secrtion 3 (1) (S), 3 (2) (va) of SC/ST (Prevention of Atrocities) Act, 1989.

(2.) It has been contended by learned counsel for the appellants that they have not remained aggressors in the scuffle, they have also sustained injuries and a cross FIR is also there being FIR No. 250/2019 and four of the family members of accused party have sustained injuries, though the investigating officer has submitted final report but protest is there before the concerned jurisdictional Magistrate, alleged injures have not landed on any vital and have not been found to be dangerous to life, one of the co-accused Ramchandra Singh is already been enlarged on bail, charge sheet has already been filed, appellants shall obey the conditions imposed and shall also face the trial, so they be enlarged on bail.

(3.) Learned Public Prosecutor, who is assisted by Advocate Ms. Kamlesh Kumari, has vehemently opposed the appeal and has submitted that the accused persons have remained aggressors, this is why final report has been submitted in their FIR, grave injuries have been caused to the injured, the nature of the act is formidable, appellants do not deserve to be bailed out.