MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Girish Khandelwal Advocate on behalf of the applicant pertaining to F.I.R. No. 267/08 of Police Station Kherli (Alwar) in the offence under Section 302 of IPC.
(2.) HEARD the learned Counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Learned Counsel for the petitioner has canvassed that the FIR of this case was lodged after a delay of five days of the occurrence on 14.10.2008, whereas, the occurrence of this case is alleged to have taken place on 9.10.2008. While drawing my attention to the facts as enumerated in the police report, the learned Counsel contended that the deceased entered in the petitioner's house and endeavoured to ravish her sister during night hours. Having heard the screams of the sister, he had his brother got up. The petitioner assaulted upon the head of the deceased but the deceased succeeded in fleeing from the spot. His sister lodged report with the police station Kherli, where a case came to be registered in the offences under Sections 376/511 and 456 of IPC. Learned Counsel has further canvassed that the petitioner never intended to commit murder of the deceased. Since, her sister was struggling, the petitioner assaulted upon with a view to remove him. The deceased first was got admitted in the hospital at Kherli, thereafter he was transferred to Bharatpur and when his condition deteriorated, he was shifted to S.M.S. Hospital, Jaipur where he succumbed to his injuries. Keeping all these facts and circumstances, the petitioner deserves to be released on bail.
(3.) LEARNED Public Prosecutor has opposed the bail application.;