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2021 Supreme(Raj) 918

SANDEEP MEHTA
Suresh Chandra – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Parikshit Nayak, Advocate, A.R. Choudhary, Advocate

JUDGMENT

Sandeep Mehta, J. - The office objections are over ruled.

2. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.278/2020, Police Station Anandpuri, District Banswara for offences under Sections 447, 323, 325, 302 in alternate 302/34 IPC.

3. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

4. As many as 17 persons were named as assailants in the FIR. Specific allegation was levelled by the eye-witnesses examined during investigation that the accused Prakash and Shambhulal were armed with iron rods whereas accused Govind was armed with a lathi. The other accused persons were having stones in their hands. The allegation of inflicting blows to the deceased Mongaram is specifically against the accused Prakash and Shambhulal. On a perusal of the postmortem report of the deceased Mongaram, it becomes clear that only a single injury was inflicted to him on the head which proved fatal.

5. In this background and having regard to the overall facts and circumstances of the case as available on record, this Court is inclined to extend in

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