GYANA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these second bail applications u/s 439 Cr.RC. have been filed by and on behalf of petitioners Gyana Ram, Laxman Ram and Kana Ram against whom charge-sheet has been filed along with others for the offences u/ss. 147, 341, 323, 365, 367 and 382 I.P.C. in F.I.R. No. 130/02 RS. Local Distt. Sikar. Their first bail applications were dismissed vide order dated 8.4.2003 with liberty to file fresh bail applications before the concerned court after filing of the challan which has now been filed.

(2.) Since both these applications arise out of same F.I.R., they have been heard together and are being disposed of by this common order.

(3.) Learned counsel for the petitioners have vehemently contended that this false case has been foisted on the petitioners due to the influence exercised by the complainant, who is an advocate. The petitioners have their victim acquitted in some cases and are on bail in all other cases. A large number of cases were registered against the petitioner Kanaram to book him under the National Security Act but the Honourable Advisory Board under the National Security Act has declined to approve his detention and accordingly he has been ordered to be released. The allegations of terrorising the witnesses have been levelled during the pendency of these bail applications with a view to prejudice the court against the petitioners from releasing them on bail. They have also submitted that the pendency of cases against the petitioners by itself does not dis-entitle them from being released on bail.