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Judgment
7 paragraphs · 334 words@JUDGEMENT- JUDGEMENT
Manoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No. 144/2021 of Police Station Gangashahar, District Bikaner, for the offence punishable under Sections 147, 148, 341, 323, 307, 325, 302 read with 149 of IPC and Sections 3(2)(V), 3(2)(VA) of SC/ST (Prevention of Atrocities) Act, 1989. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that according to the arrest memo, injuries were also found on the body of the present petitioner and there are cross cases between the parties. Counsel further submits that a lathi was recovered and as per the FSL report, no blood was found on the lathi. It is also stated that most of the injuries are abrasion and the cause of death is due to head injury, which has not been assigned to the present petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor opposed the bail application and submits that according to the statement of eye witness Kishan Kumar and Yuvraj, they both took the name of the present petitioner for causing injuries to the deceased and as per the finding of the Police, it is also mentioned that present petitioner caused injuries to the deceased. He further submits that the bail application of similarly situated co-accused Nemichand, Banti and Ismile have been rejected by this Court, therefore, the present bail application may kindly be rejected.
I have considered the arguments advanced before me and carefully gone through the record. According to the statements of Yuvraj (PW/2) and Kishan Kumar (PW/5), they levelled allegation against the present petitioner and the bail application of similar situated co-accused viz. Nemichand, Banti and Ismile have already been dismissed, therefore, no case is made out to grant bail to the petitioner.
Hence, the present bail application filed by the petitioner is hereby dismissed.