MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since the afore-stated two bail applications are related and pertain to FIR No. 263/2010 of Police Station Kherli, District Alwar registered for the offence under Sections 147, 148, 149, 341, 323, 336, 307, 302 IPC and Section 3 (1) (x) and 3(2) (v) of SC/ST Act, they have been heard together and are being disposed of by this common order.

(2.) Heard learned counsel for the parties and carefully perused the relevant material on record.

(3.) Learned counsel for the accused petitioners canvassed that co-accused persons namely Vijay and Hari have already been enlarged on bail by this Court vide order dated 12th September, 2011. The case of the petitioners is akin to that of the co-accused Vijay and Hari, hence on the ground of parity, they are also entitled to be released on bail. Learned counsel also canvassed that no overt act of the accused petitioners has been ascribed by any of the witnesses and the main accused persons are namely Pappu and Kundan, who are alleged to have caused injuries on the skull of Ramswaroop, who later-on succumbed to injuries, are still in jail and no bail application has been filed on their behalf. The petitioners have been made an accused of the offence under Section 302 of IPC with the aid of Section 149 of Indian Penal Code. Hence the petitioners may also be granted indulgence of bail.