PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail has been filed by the petitioners under Section 439 of the Cr.P.C. in connection with FIR No.11/2021 Police Station Karera, District Bhilwara for the offences under Sections 143, 365, 342, 323, 302 and 201 of IPC.

(2.) Inviting Court's attention towards the contents of the FIR, Mr. Naman Mohnot, learned counsel appearing for the petitioners points out that FIR was lodged against 7 persons which mentioned name of petitioner No.1 Prakash @ Rawan S/o Mathura Lal Kumawat, but not of petitioner No.2. He submits that petitioners have not been named by the deceased in his dying declaration. He adds that even in the statements given by the eye witnesses (his wife and son - who were present when deceased was forcefully taken/picked from his residence), the names of petitioners were not mentioned.

(3.) It is also asserted by the learned counsel that all the concerned persons (Anchi Devi and Vishnu - wife and son of the deceased), who were present at the incident, have deposed that 5 persons came to the residence of the deceased and kidnapped him while highlighting that, Laxmi Lal (complainant himself) also did not take petitioners name and had iterated that 5 persons came and took the deceased (his brother) away in a Scorpio vehicle.