P.K. Lohra, J. - (1.) Arrested in connection with FIR No.230/2016 of Police Station Ahore, District Jalore for offences punishable under Sections 147, 148, 149 & 302 I.P.C. and Section 3/25 of the Arms Act, accused-petitioner has laid this bail application under Section 439 Cr.P.C.
(2.) It is argued by learned counsel for the petitioner that complainant party in this case were the aggressors and, as such, earlier an FIR was lodged against them by the accused party for serious offences including offence under Section 307 IPC. It is also submitted by learned counsel that no specific role is attributed to the petitioner in commission of offence, inasmuch as, in the FIR also, complainant has alleged that accused Raju Singh, Lakha Ram & Bhagwat Singh were carrying fire arms and by use of the same caused death of Manohar Singh. It is also argued by the learned counsel that recovery from the petitioner is only of lathi, which was admittedly not used during scuffle. While referring to statements of some of the witnesses recorded during investigation, learned counsel has urged that a cumulative reading of those statements makes it prima facie clear that serious delinquency for offence under Section 302 IPC is not made out against the petitioner.
(3.) Per contra, learned Public Prosecutor has opposed the bail plea of the petitioner.;