NARSI RAM Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioners have been arrested in FIR No.34/2019 of Police Station Bajju District Bikaner for the offences punishable under Sections 395, 387, 364-A, 342, 323, 365, 382, 143, 147, 148, 149 IPC and Section 66E of IT Act They have preferred these bail applications under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that the police have filed charge-sheet against the petitioners relying on statements of complainant Khiya Ram in which, he has alleged that the petitioners had abducted and assaulted him and thereafter, extorted money from him. It is submitted that now the statements of complainant Khiya Ram has been recorded before the trial court as PW-2 wherein, he has not supported the prosecution story and turned hostile and the complainant in his statements recorded before the trial court has specifically stated that he was not aware that who were those persons who have abducted and extorted money from him. It is submitted that in view of the fact that the complainant has not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the petitioner.