NARESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three bail applications have been filed by the applicants under Sec. 439 of the Code of Criminal Procedure, seeking regular bail in connection with the FIR No. 357/2023 registered at Police Station Subhash Nagar, District Bhilwara for the offences punishable under Ss. 147, 149, 302/34 of Indian Penal Code, 1860 and Sec. 4/25 of Arms Act, 1959 (Amended 2019).

(2.) Learned counsel for the applicants submitted that the basic allegation of giving knife blows is admittedly on co-accused Harish Khatik and as per case set up by the prosecution, the allegation against the present applicants is that they caught hold the deceased - Ajay Yadav in order to facilitate the principal accused Harish Khatik to inflict knife blows.

(3.) Learned counsel took the Court through the statement of eyewitnesses namely Rajendra Yadav and Narayan Bairwa recorded under Sec. 161 Cr.P.C. and submitted that at the time of giving statement under Sec. 161 Cr.P.C., both of them had reiterated the version given in the First Information Report, whereas, in the statement under Sec. 164 Cr.P.C., they have changed their version. Learned counsel highlighted that Rajendra Yadav and Narayan Bairwa have deviated from their earlier version that the applicants had caught hold the deceased.