Ajay Kumar vs State Of Rajasthan

Manoj Kumar Garg, J

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.28/2021, Police Station Goluwala, District Hanumangarh registered for the offences punishable under Sections 147, 148, 364, 449 & 302 read with Section 149 of the Indian Penal Code.

The first bail application was dismissed by this Court vide order dated 12.09.2022 with liberty to file afresh after recording the statement of eye witnesses Sandeep Kumar & Koja Ram.

Learned counsel for the petitioner submits that now eye witnesses Sandeep Kumar & Koja Ram have been examined as PW.4 & PW.5 respectively before the trial Court. Counsel submits that according to perusal of the postmortem report, only seven injuries have been found on the body of the deceased out of which two injuries are lacerated wounds and other injureis are merely bruises. The challan of the case has already been presented. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.

Learned Public Prosecutor and learned counsel for the respondent No.2 have opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

According to the statement of eye witnesses Sandeep Kumar (PW.4) & Kojaram (PW.5), they have specifically mentioned that all the accused persons came together with deadly weapons and caused injuries to the deceased. There are multiple injuries on the body of the deceased and cause of death of deceased is also the grievous injuries. In these circumstances, no case is made out for grant of bail to the petitioner.

Hence, the instant second bail application is hereby dismissed. The trial Court is directed to expedite the trial.