SHRI BHAGWAN SINGH Vs. STATE OF RAJ.

JUDGEMENT

(1.) This order governs the disposal of bail application filed under Sec. 438 of Crimial P.C. by Mr. Pradeep Choudhary, Advocate on behalf of the applicants in FIR No. 186/2006 of police station Udyog Nagar, District Bharatpur, in the offences under Sections 147, 148, 149, 323, 341, 307, 332, 353, 342, 336, 365 and 395 of Penal Code and Sec. 3 of PDPP Act.

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

(3.) Learned counsel for the petitioners has canvassed that they have been falsely implicated and are in no way connected with the commission of the alleged offence of the instant case. The fact is that the Police party assaulted upon Chhote Lal, Puran Singh, Ramji Lal and Maharaj Singh and gave them beating. Balveer Singh opened fire and killed one boy named Shiv Kumar, a report of which was lodged by Puran Singh in Police Station Udyog Nagar, Bharatpur. The police did not investigate this case fairly and ompartially and gave final report. But, on the protest petition, the learned trial Court has been conducting enquiry therein, which is pending tor taking cognizance of the offence. So far as the instant case is concerned, a mob of approximately 150-200 persons is alleged to have blocked the road, assaulted upon the police with clubs, rods, caused injuries to police personnel, robbed their revolver and live catridges and damaged the public property, but there is no evidence on record which could connect the petitioners with the alleged crime. The petitioners are innocent, hence, they deserve to be enlarged on anticipatory bail.