TEJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the bail applications have been filed by the applicants under Sec. 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 168/2023 registered at Police Station Sadar, District Pali for the offences under Ss. 147, 323, 307/149, 302/149 of Indian Penal Code.

(2.) Learned counsel for the applicants argued that there is substantial change in the written complaint lodged by the complainant and the statement given under Sec. 161 Cr.P.C. before the investigating officer. Learned counsel argued that initially the First Information Report was lodged complaining that one Mangi lal Ghanchi gave a blow with the pipe on the head of Jagdish, due to which he got severely injured, whereas subsequently said version has been changed and story portrayed that one Bhanwar lal, who was driving the Alto Car had hit the deceased (Jagdish) who succumbed to injuries sustained on account of such blow. While highlighting the discrepancies in the complainant's version, learned counsel submitted that even if the best case of the prosecution is accepted, the allegation is, against the main accused Bhanwar Lal, who was driving the Car and the applicants who are simply alleged to have instigated the main accused Bhanwar Lal cannot be kept behind bars.

(3.) Learned Public Prosecutor opposing the bail application submitted that the applicants were part of the group which fought with the complainant family/group which drove Alto Car over Jagdish, due to which he passed away.