- (1.) Heard learned counsel for the parties and also perused the material on record.
(2.) The petitioners have been arrested in FIR No.10/2018 of Police Station Lohawat, District Jodhpur for the offences punishable under Sections 148, 342, 302 and 302/149 IPC. They have preferred these second bail applications under Section 439 Cr.P.C.
(3.) Learned counsel for the petitioners has submitted that the complainant PW-1 Aduram has specifically admitted that he was not present at the scene of crime when the alleged incident took place. It is further submitted that so far as two so called eye witnesses viz. PW-2 Kisnaram and PW-3 Ramesh are concerned, their statements have been recorded by the police for the first time on 06.03.2018 i.e. after the delay of one and half months of the incident. It is submitted that the prosecution witnesses PW-2 and PW-3, in their statements, have specifically admitted that they did not inform the police that they are the eye witnesses of the incident, however, some persons gathered at the place of incident gave their mobile numbers to the police. It is submitted that PW-2 is the father-in-law of the deceased and PW-3 is the brother of the wife of the deceased. Learned counsel for the petitioners has submitted that the evidence of the witnesses PW-2 and PW-3 cannot be said to be reliable as for the first time their statements were recorded by the police after a delay of one and half months of the incident and both of them are relatives of the deceased in some manner.;