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2022 Supreme(Raj) 108

ASHOK KUMAR GAUR
Vikash @ Raudi S/o Om Prakash – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Om Prakash Pareek, Adv., Mr. Roshan Sharma, Adv. on behalf of Mr. Anuroop Singhi, Adv., Mr. Mahendra Sharma, Advocate
For the Respondent: Mr. Laxman Meena, Public Prosecutor, Mr. Prakash Singh, SI/SHO Police Station, Ajitgarh, District Sikar

JUDGMENT :

1. The present bail applications have been filed under Section 439 Cr.P.C. in connection with FIR No.393/2021, registered at Police Station Ajitgarh, District Sikar for the offence(s) under Sections 143, 341, 307 & 382 IPC.

2. Learned counsel for the accused-petitioners submitted that the complainant lodged an FIR wherein allegation was levelled against several persons including the petitioners that they had physically assaulted the complainant and further, money kept in his pocket, was also forcefully taken.

3. Learned counsel for the petitioners submitted that the injury report of injured Rajesh Yogi showed three injuries i.e. pain & swelling, abrasion and contusion.

4. Learned counsel for the petitioners submitted that after x-ray, the injury No.1 i.e. pain & swelling was not found dangerous to life as there was no fracture in the scalp.

5. Learned counsel for the petitioners submitted that Police in mechanical manner without considering the nature of injury, filed the final report under Sections 307 & 382 IPC.

6. Learned counsel for the petitioners submitted that the Investigating Officer is said to have followed direction issued by Superintendent of Police in his letter d

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