DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE both the aforesaid bail petitions filed on behalf of the applicants under Section 439 of Cr. P. C arise out of and pertain to one FIR no. 49/2009 of Police Station Kaswa Thana, district Baran registered in the offences under Sections 457, 380 of IPC, they are being disposed of by this common order.

(2.) HEARD the learned counsel for the petitioners as also the learned Public prosecutor for the State and perused the material on record.

(3.) LEARNED counsel for the petitioners have argued that the occurrence of theft is alleged to have taken place in the night of 6th of July, 2009, whereas the report of theft has been made on 9th of July, 2009, after a delay of three days. Initially, complainant simply wrote that somebody had stolen iron angles, plates, channels and iron rods weighing 50 quintiles from his field but soon thereafter he himself investigated and found that these articles had been stolen by Kamlesh, Brajmohan, manoj, Pradeep, Murari, Naresh, Devi singh, Santoshi, Narayan and others. The report is totally concocted and has been made with a view to rope in these persons. There is no identification of the petitioners, hence they deserve to be released on bail as no other criminal matter has been pending against them.