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2011 DIGILAW 514 (RAJ)

Gajralal v. State of Rajasthan

2011-03-08

MOHAMMAD RAFIQ

body2011
JUDGMENT 1. - Contention of the learned counsel for the petitioner is that petitioner has been falsely implicated in the present case inasmuch as, he was not even named in the first information report whereas, injured Vikram Singh and Mahaveer Singh have subsequently in their statements recorded under Section 161 Cr.P.C. named him as a fourth assailant after the FIR was registered. His case is distinguishable from other accused because all are named in the FIR whereas, petitioner was named subsequently by informant Vikram Singh in the statement recorded under Section 161 Cr.P.C. If the informant Vikram Singh named petitioner subsequently, there was no reason why he did not name petitioner in the FIR itself. There was another accused Gajralal name say of petitioner, who was principal accused and he was attributed the fatal injuries sustained by deceased Vijendra Singh, one head injury and another on the right jigomatic region. Learned counsel submitted that even otherwise, no specific injury has been assigned to the petitioner. Deceased sustained in all five injuries whereas, other injured received only simple injuries. Petitioner was arrested on 28/11/2010 and challan has been filed. There is no other criminal case pending against the petitioner. 2. Learned Public Prosecutor has opposed the bail application. 3. Having regard to the facts aforesaid and considering all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. 4. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner - Gajralal S/o Shri Bhag Singh shall be released on bail in FIR No.372/2010 P.S. Jhalawar Sadar, District Jhalawar for offence under Sections 341, 323, 307/34 and 302 IPC on his furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.Bail Application Allowed. *******