RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned counsel for the applicant as well as learned Public Prosecutor for the State and carefully gone through the impugned order.

(2.) I have also perused the challan papers. It is contended by the learned counsel for the applicant that after rejection of the first bail application, challan has been filed against the applicant and as per the challan papers, there is no role assigned to the applicant for inflicting any injury or that he was armed with any weapon. The main allegations are levelled against Jaswant, Ashok Kumar, Jayanti Lal, Vishnu, Kalu Ram, Moda Ram and Asu Ram. It is also contended by the learned counsel for the applicant that as per the statement of prosecution witness Sohan Lal, there is no mention that even the applicant participated in the said occurrence but only statement is that the present applicant and one Om Prakash were also present there along with the accused-party. Thus, when there is no allegations against the applicant with regard to inflicting any injury or participating in occurrence, then only on the basis of his presence, it cannot be said that he has committed any offence, therefore, he may be enlarged on bail.

(3.) Learned Public Prosecutor opposed the bail. Taking into consideration the facts and circumstances of the case and without expressing any opinion, I think it just and proper to enlarge the accused-applicant on bail.