MAHESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of second bail application filed under Section 438 of Cr.P.C. by Mr. Rohitashwa Kajla, Advocate on behalf of the appellants in FIR No. 249/2008 of police station Sadar Gangapur City, District Sawai Madhopur in the offences under Sections 148, 149, 323, 324, 341, 302 and 120-B of IPC.

(2.) Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material available on record.

(3.) Learned counsel for the petitioners has canvassed that they have been falsely implicated in this case whereas both of them were not present on the site of occurrence when the incident of murder of Sardar Singh took place. In the beginning when the First Information Report was lodged, the name of the petitioners did not figure therein. It was later on during the investigation that the witnesses implicated them for their involvement in the commission of offence of murder and they are apprehending their arrest by the police as such they may be granted indulgence of anticipatory bail.