RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these three bail applications No. 2196/87. (Rajendra and another v. State), and No. 2302/87 (Keshav Dev and others v. State), and No. 2722/1987 (Devendra Kumar and another v. State), are related to one incident the case of which has been registered at police station Todabhim against the present seven petitioners for the offences under sections 395 and 397, I.P.C. Hence these applications are disposed of by a single order.

(2.) Learned counsel for the petitioners submitted that there is no evidence against the petitioners. According to the learned counsel, the petitioners were arrested and were taken into custody on the next day of the occurrence and that too, about 10-15 kms. away from the place of occurrence. It cannot, therefore, be said that the accused-applicants were' taken into custody at the spot, learned members of the Bar added.

(3.) Learned counsel for the petitioners further submitted that it is an admitted fact that the petitioners are not known to the prosecution witnesses. Even after the arrest of the accused petitioners, no identification parade has been conducted by the investigating agency learned counsel challan against the accused-petitioners has been filed. Therefore, learned counsel contended that this is a case of no evidence.