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2021 Supreme(Raj) 474

SANDEEP MEHTA
Anl Damami – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mohd Akbar, Advocate, Farzand Ali, Advocate, A.R. Choudhary, Advocate, Chandani Damami, Advocate

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.

2. This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.39/2021, registered at Police Station Panchodi, District Nagaur for the offence under Section 304 of the IPC.

3. The contention of counsel Shri Mohd. Akbar representing the petitioner is that even if the allegations levelled by the complainant in the FIR are accepted to be true on the face of record, the offence, if any, would not travel beyond Section 304-A IPC which is bailable. He thus, urges that the petitioner deserves indulgence of pre-arrest bail.

4. Learned Public Prosecutor and learned counsel representing the complainant have vehemently and fervently opposed the submissions advanced by the petitioner's counsel.

5. The allegation as set out in the FIR is that the petitioner was operating a tyre puncture shop and had connected an electric wire unauthorizedly to operate compressor. The complainant's younger brother went to the petitioner's cabin in the afternoon at about 3:00 on 07

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