DHANNA Vs. STATE

JUDGEMENT

(1.) THIS is an application for bail by Raja Ram and Dhanna under Section 498, Code of Criminal Procedure who stand charged under Section 307 read with Section 34, Indian Penal Code. The trial Court rejected their bail application on two grounds. One, that Station Officer of Gohad is of the opinion that if the accused were released on bail, the prosecution witnesses are sure to be influenced. Two, that Bhind is a disturbed area and a relation of the witness is said to have been influenced.

(2.) WITH regard to the first ground, a mere apprehension of the Station Officer that prosecution witnesses would be won over is not enough. There must be evidence of interference or attempt at interference before the objection can be said to have any weight. The Court has said that "a relation of a witness is said to have been influenced". But what is the evidence of it ? And which relation has been influenced and in what manner ? There is nothing on the record to show this. The trial Court without considering the petition on merits, has, on insufficient grounds rejected the bail application.

(3.) OF the two applicants before me, Rajaram should be released on bail because the complainant, who was injured, lodged the first information report, but the name of Raja -ram did not appear in it. (2) That none of the witnesses who gave their statements before the police have said that Rajaram was there.