BARJI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Case diary perused. The contention of the petitioners counsel is that none of the petitioners caused any injury to the deceased, and that they belong to one family, but, on account of some dispute of the land they have been implicated.

(2.) I have seen the post-mortem report of the deceased, and also the statements of the witnesses. Taking into consideration all the facts and circumstances, I am not inclined to grant pre-arrest bail to the petitioners Rameshwar and Subaj. Hence, their application U/s. 438 Cr.P.C. is hereby rejected. They may surrender before the competent court and move an application for bail U/s. 437/439 Cr.P.C.

(3.) So far the petitioner Barji Devi W/o. Kishna is concerned, she is a woman and looking to the part assigned to her and the fact that her house is also near the place of incident, she may be given the benefit of pre-arrest bail U/s. 438 Cr.P.C.