RAJ KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Sec. 439 Crimial P.C., filed by the petitioners, for the grant of regular bail in case FIR No. 169 dated 22.11.2003 under Sections 148, 149 and 302 IPC, registered at Police Station Ateli, District Mahendergarh.

(2.) I have heard counsel for the parties.

(3.) In this case, initially FIR was registered against 15 persons. During the police investigation, only five persons were found to be involved and the remaining persons, including the petitioners, were kept in column No. 2. Subsequently, on the application filed by the prosecution under Sec. 319 Crimial P.C., five accused, including the petitioners, were summoned. In the summoning order, it has not been mentioned as to for the commission of which offence, the additional accused have been summoned. Counsel for the petitioners contends that the main injuries, due to which Brahm Prakash died, have not been attributed to the petitioners. He further contends that the petitioners are of tender age and students of 10+2 and are in jail for the last more than two months.