ALI HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. The applicant is said to have caused fatal injuries to Neelu @ Jafar Ullah.

(2.) It was submitted that the deceased was a bad character, and he and his friends, who are prosecution witnesses, used to collect 'Chouth' from the petty shop keepers. In the morning of 8.10.98, the deceased and his colleagues had approached the applicant, who was a fruit seller, and asked him to give the 'Chouth' money to them and on his refusal, they threatened to liquidate him. The applicant had reported the incident to the police officers at Police Station Nayapura, Kota. Though a Report No. 618 was registered at 11.30 a.m. on that day against the deceased u/s. 107 Cr.RC. yet no steps were taken by the police against the deceased and his other friends. It was further submitted that in the evening, the deceased and his friends, came armed on the Thela of the applicant and others and picked up a quarrel with them; that Shahjad and others, though tried to catch hold of the deceased, yet, deceased and his friends were bent upon to cause hurt to the applicant and other Thelawalas. It was in the course of such incident that the injuries came to be caused to the deceased. Learned counsel for the applicant has placed before me the copy of the report No. 618 dated 8.10.98 and other documents. The deceased appears to be involved in a number of cases under the I.RC. NDPS Act, prevention of Gambling Order and other similar offences.

(3.) After having gone through the material placed before me, I feel inclined to admit the applicant to bail.