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2019 Supreme(Raj) 432

NARENDRA SINGH DHADDHA
Kirti @ Jogendra – Appellant
Versus
State of Rajasthan, Through P. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Biri Singh Sinsinwar, Sr. Adv., assisted by Shri Rajesh Choudhary, Advocate
For the Respondent:Shri Desh Raj Gosingha, PP, Shri Sanjay Sharma, Advocate

JUDGMENT :

1. The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 258/2016 registered at Police Station Kathumar, District Alwar for the offence(s) under Sections 147, 148, 149, 323, 341, 326, 307, IPC and Section 5/27 of the Arms Act.

2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter and it is a case of version and cross version. Learned counsel for the petitioner submits that co-accused Rajendra and Om Prakash have already been granted the benefit of anticipatory by the learned trial court on 6.4.2018 and co-accused Satyendra has also been granted the benefit of anticipatory bail by a co-ordinate Bench of this court on 5.4.2019 the case of the present petitioner is similar to them. So, the petitioner may be given the same benefit.

3. Learned Public Prosecutor as well as learned counsel for the complainant opposed the anticipatory bail application.

4. Learned counsel for the complainant submits that the petitioner fired by gun on Hitesh who sustained injuries on right eye and right leg and left hand as a result of which, his right eye was totally damaged. So, the bail application u/s 438, C








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