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2021 Supreme(Raj) 633

DEVENDRA KACHHAWAHA
Neku – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Girish Khandelwal, Advocate, for the Petitioner; Mr. Atul Sharma, PP, for the Respondent; Mr. Pradeep Kumar Sharma, Advocate, for the Complainant

JUDGMENT

1. The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with common F.I.R. No. 194/2021, Police Station Laxmangarh, District Alwar, registered for the offences under Sections 143, 323, 341, 452, 307 & 428 of the Indian Penal Code and Section 3/25 of the Arms Act, 1959 (Amended 2019).

2. Heard learned counsel for the petitioners as well as learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioners stated that as per prosecution, only 'lathi' has been recovered from the present accused-petitioners; that allegation of fire arm has not been against the petitioners; that there is no grievous injury on vital part of any of the injured persons; and that trial will take time, therefore, benefit of bail may be granted to the accused- petitioners.

4. Per contra, learned Public Prosecutor and the learned cousnel appearing on behalf of the complainant have vehemently and fervently opposed the bail application of the accused-petitioners. Learned counsel for the complainant stated that out of the three injures, one of the injury caused to the injured Mu

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