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Manish vs State on 26 April, 2017

S.B. Criminal Misc. Bail No. 2764 / 2017
Manish S/o Shree Ram,, By Caste Brahmin, Resident of Jusari,
Tehsil Makrana, District Nagaur.

The State of Rajasthan

For Petitioner(s) : Mr. Rajesh Shah.
For Respondent(s) : Mr. Arjun Singh, PP.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the case diary.

The investigating officer has not found the offences under

Section 3 of the SC/ST Act and Section 354 IPC made out after

investigation. The petitioner and the co-accused persons are

alleged to have assaulted the intervenor Amar Singh by axes and

other sharp weapons. However, as per the injury report of Amar

Singh, the injuries inflicted on his head were found to be caused

by blunt weapon. Further, none of the injuries was found to be

grievous in nature. But considering the fact that the petitioner is

alleged to have assaulted a 70 years old man on his head, I am

not inclined to grant anticipatory bail to him.

Accordingly, the instant bail application filed on behalf of the

petitioner Manish under Section 438 Cr.P.C. is hereby dismissed.

(2 of 2)

However, the petitioner is given liberty to surrender before

the trial court on or before 17.05.2017 and apply for regular bail.

In the event, the petitioner surrenders before the trial court and

files a regular bail application, the learned trial court shall consider

and decide the same on the very same day, as per law.



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