MANGE RAM ALIAS FAUZI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is second bail application. The first bail application came to be dismissed vide order dated 25-10.2005 as it was not pressed by the learned counsel appearing for the petitioner.

(2.) Heard learned counsel for the petitioner and the Public Prosecutor appearing for the State. Perused the Challan papers, as also the statements of PW 1 Jarnail Singh and PW 2 Krishna Kumar, the injured.

(3.) It is contended by the learned counsel for the petitioner that the injured has not identified the present petitioner though the present petitioner was present before the trial Court on 13-4-2006 when injured Krishna Kumar made the statement. It is contended that PW 2 Krishna Kumar, the injured, identified two persons, viz. Co-accused Vijay and Prem who were present in the Court. The petitioner was also present in the Court, however, the injured stated that the accused other than co-accused Vijay and Prem present in the Court was not present at the time of the occurrence and he had not done anything with him.