SHANKAR DHAKAD AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this common order S.B. Crim. Misc. Bail Application No.3685/2014 preferred by Shankar Dhakad and Ors. and S.B. Crim. Misc. Bail Application No.3003/2014 instituted by Ramgopal shall be decided together.

(2.) Both the petitions have been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in a case arising out of FIR No.149/2008 registered at Police Station Chauth Ka Barwada, Distt. Sawaimadhopur for the offences under Section 147, 302 and 120B I.P.C.

(3.) Counsel for the petitioners has submitted that earlier police had not registered the FIR and the complainant had preferred a complaint in the Court of Judicial Magistrate, First Class, Sawaimadhopur. It is contended that complaint was sent under Section 156(3) Cr.P.C. for registration of the case. Counsel for the petitioners has submitted that upon the orders of the Magistrate, case FIR No.149/2008 was registered at Police Station, Chauth Ka Barwada, for offences under Section 147, 302 and 120B I.P.C. Counsel for the petitioners has submitted that the above-said complaint was duly investigated by the Investigating Agency and they have submitted final report in negative form absolving the accused of offence. It is contended that aggrieved against the same, complainant had filed protest petition and the same was accepted by the trial court and the trial court had taken cognisance of the offences against the petitioners.