BHIYARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The application for bail under Sec. 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with FIR No.02/2023, registered at Police Station Panchu, District Bikaner for offences punishable under Ss. 458, 308, 325, 323, 435, 506 and 143 IPC.

(2.) Heard learned counsel for the petitioners so also the learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.

(3.) Learned counsel for the petitioners submitted that though an FIR under various Sec. of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was lodged against the petitioners but the Investigating Agency did not find prima facie any offence under the said Act proved against them and, consequently, a case was registered under various Sec. of IPC. Learned counsel further submitted that the petitioners have not been named in FIR lodged by the complainant. Learned counsel further submitted that even from the perusal of the FIR, it is apparent that a blow from iron rod has been attributed to Umedaram and even the allegations of putting fire and burning down the fencing outside the house of the complainant have been levelled against the Ishudan and Jagdish only. Challan has been filed. The petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused petitioners.