RAGHUNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 439, Cr.PC. The case against the petitioners is that on 2 -4 -88 a report was lodged by the SHO Police Station, Bundi that having learned that certain persons are planning to commit dacoity he went along with police party and found certain persons collected at a place known as Bihar -Sikrokila. Three dacotits are alleged to have been arrested and Ors. escaped. It was mentioned that ASI Ramdas and Constable Roopsingh saw two persons running away and they were idetified by them as Nirbhay and Raghunath who are petitioners. Petitioners were arrested subsequently and thereafter they moved bail applications before the learned Sessions Judge. The same was rejected. Hence, they have approached this Court under Section 439, Cr.PC.

(2.) I have perused the entire police diary. The two petitioners are the local residents of Badi where the other accused have also been apprehended. Raghunath and Nirbhay both are alleged to have been arrested at the same time on 2 -4 -88 i.e. the same day in the afternoon. The Fard Girftari of both these accused persons do not show that either of the two were kept Baparda and the diary also does not disclose that any identification parade was held in respect of these two petitioners. It is also not borne out from the record that either of the two petitioners have bad antecedents from before or they were involved in any case. In this view of the matter, coupled with the fact that no evidence has been brought forth so far, that the accused conspired either earlier or at the time when they were able to escape, which shows their participation and meeting of the mind with the persons arrested on the spot, and identification of running away by two police constables at mid night in the circumstances indicated would require a serious scrutiny particularly also because prosecution has not got the accused idnentified from the other persons who were present at the time when they were surrounded. Hence, there are reasonable chances that accused may not be held guilty of the offences charged ultimately, and I consider it to be fit case where bail should be granted.