BHERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have been arrested in connection with FIR No.177/2023 of Police Station Barmder Sadar, District Barmer, for the offence punishable under Ss. 147, 148, 450/149, 323/149, 325/149, 307/149, 302/149 and 120-B of IPC. They have preferred this second bail application under Sec. 439 Cr.P.C. Earlier bail application was dismissed as not pressed by this Court vide order dtd. 5/9/2023 with liberty to file afresh after recording the statement of Pataram and Smt. Anita.

(2.) Learned counsel for the petitioners submits that now Smt. Anita has been examined before the trial Court as PW/1 and she had turned hostile and Pataram has also been examined before the trial Court as PW/5 and he named the present petitioners but earlier in his statement recorded under Sec. 161 Cr.PC. he did not take the name of the present petitioners, which shows that there are improvements in the version of Pataram. Counsel further submits that only the vehicle was recovered from the possession of Bhera Ram and no weapon was recovered from the possession of the present petitioners. The accused-petitioners are in judicial custody since 25/5/2023 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

(3.) Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application and submits that injured Pataram specifically mentioned in his Court statement that the petitioners were also caused injuries to the deceased. Therefore, the present bail application may kindly be dismissed.