KAILASH AND 5 OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The statements of Mst. Krishna recorded under Sec. 164, Crimial P.C. on 20.2.1993 immediately after her recovery from the accused-persons were read over. I find that there are specific allegations against the accused-petitioners No. 1, Kailash, No. 4, Ashok and No. 6, Amar Singh. Without expressing any opinion on the merits of the case, in the facts and circumstances of the case, I am not inclined to accept this bail application under Sec. 438, Code Criminal Procedure on behalf of the accused-petitioners No. 1, 4 and 6, namely : Kailash son of Kalyan Prasad Sharma, Ashok son of Kanbaya and Amar Singh s/o Prasadi and this bail application under Sec. 438, Code Criminal Procedure in respect of these three accused-petitioners is hereby rejected.

(2.) Regarding, the accused-petitioners No. 2 and 3, Shivdayal and Hari Prasad, Shri S.R. Yadav, Additional Public Prosecutor submits that a complaint under Sec. 107, 116(3), Code Criminal Procedure was filed by the concerned SHO on 13.3.93 on the basis of the application dated 11.3.93 which had been filed by Sushila Devi, that is, the mother of Mst. Krishna, before the SHO, Gangapur City. Shri Naqvi submits that it was in proximity of the dates when the bail applications were being heard by the Sessions Court and the IIIrd bail application before the Session Court was the application dated 11.3.93 by Amar Singh and on the same date that is 11.3.93, Sushila Devi filed this complaint before the police. So far as Vishambhar is concerned there are no specific allegations against him in the statements of Mst. Krishna recorded under Sec. 164, Criminal Procedure Code.

(3.) Without expressing any opinion on the merits of the case, in the facts and circumstances of this case, I am inclined to accept this bail application under Sec. 438, Code Criminal Procedure on behalf of the accused-petitioners No. 2, 3 and 5, namely : Shivdayal, Hari Prasad and Visambhar.