Bhikharam vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.81/2021 of Police Station Kotwali, District Jalore for the offence punishable under Sections 341 & 302/34 of IPC.

Learned counsel for the petitioner submits that similarly situated co-accused namely Smt. Manju Devi and Ms. Sangeeta both have been enlarged on bail by the co-ordinate Bench of this Court and the case of present petitioner is also similar to those of co-accused. Only omnibus allegations have been levelled against all the accused for inflicting injuries to the deceased. Counsel further submits that there are cross-cases between the parties in which the Police also mentioned that both the parties were aggressors. Furthermore, complainant Deep Singh has been examined before the Court and there are material contradictions, improvements and omission in his statement. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer for bail.

I have considered the arguments advanced before me and carefully gone through the record.

According to the bail order of the co-accused, it has been specifically mentioned that head injury caused by lathi blow, has been attributed to the main accused Bhikharam and co-accused have been enlarged on bail on the ground that they are ladies. On perusal of the medical evidence, which has come on record, shows that the cause of death of the deceased was due to Coma caused by head injury. In these circumstances, without expressing any opinion on merit and demerit of the case, this Court is not inclined to grant benefit of bail to the petitioner.

In the above circumstances, the bail application filed by the petitioner is hereby rejected.