NIRBHAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the Applicant and the learned Public Prosecutor and perused the Challan papers.

(2.) IN this case, the FIR was filed by one Takhat Singh, who is brother of the deceased. In the written report, eight accused were named and in the array of accused, the Petitioner is not named as one of the assailants. During the course of investigation, the statements of the deceased, Nathu Singh were recorded by learned Additional Civil Judge -cum -Judicial Magistrate, First Class, No. 1 (South), Udaipur on 01.09.2010; and in these statements, the deceased did not name the Petitioner as one of assailants. In the statement given by the deceased, Nathu Singh, the allegation of throwing of acid is on Pratap Singh, Shravan and son of Sohan Singh. Thereafter, statements of eye witnesses, namely, Kesar Singh and Duleh Singh were recorded by the Investigating Officer on 26.08.2010 and the statement of Bhopal Singh was recorded by the Investigating Officer on 24.08.2010; and in these statements also, name of the Petitioner and co -accused Vadan Singh does not appear. However, in subsequent statements of these three persons as well as subsequent statement of Nathu Singh recorded under Section 161 Code of Criminal Procedure, Petitioner's name has been introduced. The position of evidence against the Petitioner and the co -accused Vadan Singh is almost similar and the co -accused Vadan Singh has been granted bail this Court on 01.06.2011 in S.B. Criminal Misc. Bail Application No. 3727/2011. In this view of the matter, this Court is inclined to accept this bail application filed by the accused Applicant, Nirbhay Singh.