The court's decision to dismiss the bail application was based on the reliable material available on record and the petitioner's alleged aggressive role in causing the incident.

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. Heard learned counsel for the parties and perused the material available on record.

3. The petitioner has been arrested in connection with FIR No.93/2020 of Police Station Asind, District Bhilwara for the offence punishable under Sections 147, 148, 149, 323, 341, 325 & 302 IPC. He has preferred this second bail application under Section 439 Cr.P.C.

4. Learned counsel for the petitioner submitted that there is no reliable material available on record so as to make out any prima facie case against the present petitioner, and thus, the petitioner has been falsely implicated as an accused in this case.

5. Learned counsel for the petitioner further submitted that the allegation of causing fatal injury to deceased Sriram is against coaccused Ghishu Lal, and furthermore, one of the co-accused, namely, Smt. Chandri Devi w/o Ghishu Lal had already been granted bail by a coordinate Bench of this Hon ble Court vide order dated 07.08.2020 passed in S.B. Criminal Misc. Bail Application No.6152/2020.

6. Learned counsel for the petitioner also submitted that the discrepancies between the statements rendered by the material prosecution witnesses under Section 161 Cr.P.C. clearly indicate that the present petitioner has been wrongly arrayed as an accused in this case.

7. This Court, after examining the record, finds that the statement of PW-1 Nandlal clearly indicates that the petitioner had an aggressive role in causing the incident in question. In the statement rendered before the learned trial court, PW-3 Sajjani clearly named the present petitioner as one of the aggressive participants.

8. Thus, having regard to the totality of the facts and circumstances of the case, this Court is not inclined to grant bail to the present petitioner.

9. Consequently, the present second bail application under Section 439 Cr.P.C. is dismissed.