RAMPRASAD & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned public Prosecutor and have also perused the case diary.

(2.) It is contended by learned counsel for the petitioners that fatal injuries were not caused by the petitioners to the deceased. It is also contended that in his police statement injured Bhagchand has not stated that these petitioners also came on the spot along with other accused. Even in his statement recorded under Sec. 164 Crimial P.C., Bhagchand has not stated the specific act of the petitioners. Therefore, the application of the petitioner for bail be allowed. Learned PP and learned counsel for the complainant submit that in the FIR these petitioners were named. In his statement recorded under Sec. 164 Cr.RC., injured Bhagchand has stated that the deceased was beaten up by all the accused including these petitioners. Therefore, the bail application be dismissed.

(3.) Considering the rival submissions and after having game through the police statements of the witnesses as well post-mortem report and FIR, I am inclined to release the petitioners on bail u/S. 439 Cr.RC.