Jagdish @ Patel vs State of Rajasthan

Ajay Rastogi, J.—Heard learned Counsel for the petitioners as well as the learned Public Prosecutor for the State and perused the case diary made available for perusal at the time of arguments.

Counsel for accused-petitioners appearing in Bail Applications No. 6980/06, 6272/06 & 6118/06, submits that an FIR was lodged of the present incident on 14th June, 2006 by Matin Miya, son of the deceased, who is also one of the eye-witnesses and apart from it, Jagdish and Sitaram who were also eye-witnesses and as alleged were injured. All the three have specifically named Kailash, Ramesh and Khemraj who have caused blow upon the deceased and against present accused-petitioners there is a general allegation and apart from it, the incident as alleged took place in between 11-12 AM and before the said incident, the police also lodged FIR No. 138/06 on 14th June, 2006 itself wherein it has been alleged that the complainant along with other members have come forward to disturb the law and order situation and few of the police members were also injured by them.

On a specific question put to the learned Public Prosecutor as to whether any specific allegation about the present incident with regard to deceased in any manner has connected to either of the accused-petitioners or not. He has read before me the statements of all the three eye-witnesses and nothing has come forward with regard to present accused-petitioners with any direct allegation of either of the parties.

After considering all the facts and circumstances of the case and without expressing any opinion on merrits, I consider it proper to release the accusedpetitioners namely; [1] Rajesh S/o Shri Mangilal,, [2] Jagdish @ Patel S/o Shri Sukhdev, [3] Ramgyan S/o Shri Mangilal, [4] Nanda @ Nandkishore S/o Shri Ladu,, [5] Pappu @ Harinarayan S/o Shri Ramnarayan & [6] Kajod S/o Shyokaran on bail u/s 439 Cr.P.C. in FIR No. 139/06 Police Station Baroni, District Tonk registered Under Sections 147, 148, 149, 307, 447, 302, 323 IPC provided, each of them furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty five thousand) together with one surety of the like amount to the satisfaction of the learned trial Court for their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.