BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this case nine persons have been challaned for the offence under Sections 147, 148, 149, 302 and 336 IPC. Out of these nine persons, six persons have already been released on bail. Three persons, who are in jail, are Babulal, Bhanwarlal and Chitar. Only Babulal has moved this bail application.

(2.) LEARNED Counsel for the petitioner has contended that the case of this accused is not different from the other six accused who have been released on bail. According to him in the FIR it is mentioned that this petitioner and Bhanwarlal and Chitar had lathi, Kutia and Gandasi in their hands, but the weapon which has been recovered at the instance of this petitioner is a Parania. Accused Ramswarup, has been released on bail also got recovered a Parania, and hence it is contended that the case of the present petitioner cannot be distinguished from that of the other six accused persons.

(3.) AT present, I have only to consider the question of grant of bail on the basis of material which is in the challan papers. The cause of the incident is said to be that a couple of days ago, accused Panchu had some quarrel with Anandilal, and it was in order to take revenge that Anandilal was beaten in the incident out of which this case arises. So Panchu is said to be the main person whose instance the occurrence took place. He has been released on bail. According to the FIR, it were all the nine accused persons who had given beating to deceased Anandilal. No separate injury has been assigned to the petitioner. Even the weapon alleged to be in his hand is different from that which has been recovered at his instance. In such circumstances, his case cannot be distinguished from that of the other accused, who have already been released on bail, and his bail application deserves to be accepted.