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2022 Supreme(Raj) 897

VINIT KUMAR MATHUR
Mahesh @ Bhinya Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Nishant Bora, Advocate, Jaideep Singh Saluja, Advocate, Laxman Solanki, Advocate, Ravindra Acharya, Advocate

JUDGMENT

Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.115/2019, Police Station Merta Road, District Nagaur for the offences under Sections 323, 324, 326, 307 and 302/34 of IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this Court on 08.01.2020, eleven prosecution witnesses have been examined including PW-1 Sita Devi, PW-2 arjun Ram and PW-3 Sharda Devi. He further submits that the deceased Ramniwas and present petitioner Mahesh are real brothers having their agricultural fields side-by-side. He further submits that the dispute between the parties arose on a very trivial issue on the ground that the complainants were insisting the petitioner not to remove the boundary wall (Maad) of his field otherwise the entire rain water will flow into their fields destroying their crops. He further submits that the complainants were aggressors in the present case and as per the site pla

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