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1983 Supreme(Raj) 48

S.N.BHARGAVA
Ram Gopal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S. P. Tyagi, for Petitioner; O.P. Sharma, Public Prosecutor, for State.

S.N. BHARGAVA, J.—This is a second bail application under Section 438 of the Code of Criminal Procedure, 1973. The earlier bail application was rejected by this Court; on 28/1/1983. FIR No. 406/82, under Sec. 147, 148, 149, 323 and 308, I.P.C. was registered at the Police Station, Baran by one Shri Prahlad Dhakad. It was alleged therein that when he was talking with Shiv Narain and others at Pratap Chowk, accused-petitioner along with Nathu Lal, Ram Kumar, Deen Dayal and Dhan Raj came there and Deen Dayal caught hold of Govarilal and Dhan Raj caught hold of Hari Ram and thereafter Nathu Lal inflicted a blow on the right side of the head of Nathu Lal whereas Ram Gopal inflicted a blow on his left of the back. Accused Ram Kumar wanted to hit on his head by the chair. Ram Gopal inflicted a blow by a fist on the nose of Govari Lal which started bleeding and there was swelling. The injury report show that Gopal received injuries by a blunt object and was described as under :-

"Contusion swelling around nose with marked tenderness. HO. bleeding from nose."

X-ray was advised and it was found that there was a fracture of nose. On this launching of F.I.R. accused persons moved an application






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