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 plan, the incident had taken place in the agriculture fields. He further submits that the deceased received a single injury and as per the First Information Report and the testimony of PW-1, PW-2 and PW-3, the person who assigned the fatal injury is different.

4. Learned counsel further submits that there was no intention to cause fatal injury to the deceased Ramniwas as there was no repetition of blow either from the petitioner or from anybody from his side. He further submits that there are cross cases between the parties and on the FIR preferred by the petitioner's side, the police has filed charge-sheet against the complainants. He, therefore, submits that it is a case of free fight in which the deceased Ramniwas sustained fatal injuries although there was no intention to cause death. He further submits that the petitioner has suffered incarceration since July, 2019. Therefore, it is prayed that the petitioner may be enlarged on bail.

5. The learned Public Prosecutor as well as leaned counsel for the complainant vehemently opposed the bail application.

6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, the fact reflected in the testimony of the PW-1, PW-2 and PW-3 shows that Ramniwas sustained a single injury only and there was no repetition of blow from the petitioner's side. Since the petitioner and the deceased Ramniwas are real brothers having their agricultural fields adjoining to each other and the incident had taken place at the spur of the moment on a trivial issue, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

7. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Mahesh @ Bhinya Ram S/o Sharwan Ram arrested in connection with F.I.R. No. 115/2019, Police Station Merta Road, District Nagaur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.