LAXMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two bail applications have been filed under Sec. 439 Cr.P.C. on behalf of the petitioners Laxman Singh S/o Bhanwarsingh, Ashok Kumar S/o Chhelu Ram, Balveer Singh S/o Sh. Prem Singh and Abhindra Singh @ Arvind Singh @ Abindra Singh S/o Sh. Gopal Singh, who are in custody in relation to F.I.R. No.162/2022, Police Station Sribalaji District Nagaur for the offence under Ss. 341, 307, 427, 384 and 504 of the IPC.

(2.) Learned counsel for the petitioners submits that there is no direct allegation against any of the accused-petitioner and the allegation of robbery has been negated during investigation. They further submit that the incident which was reported to the police clearly indicates that the incident took place on the spur of moment when two cars were collided with each other resulting which, the incident took place. They further submit that the petitioners were not involved in alleged crime and they have falsely been implicated. They further submit that the petitioners are in custody and charge sheet has already been filed thus, keeping them in prolonged incarceration would not serve any purpose. Thus, they prayed that petitioners may be enlarged on bail. Aforesaid contentions are opposed by the learned Public Prosecutor.

(3.) Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. After registration of the FIR, the same was investigated and after investigation, charge sheet under Ss. 341, 307, 384, 427 and 504 of the IPC was filed before the court concerned but no offence under Ss. 323 & 392 of the IPC were found proved against the above named petitioners. The charge sheet indicates that no injury report was filed and recovery of fire arms have not been effected from any of the above named petitioners. The allegation further indicates that if there is any rivalry, then the same is between the complainant and the main accused Rakesh. Except one of the petitioner, no other criminal antecedent is reported against the present petitioners.