P.K.LOHRA,J. - (1.) Apprehended in furtherance to investigation into FIR No. 4/17 registered with Police Station Sojat Road, District Pali for alleged offence punishable under Sections 147, 148, 302, 323, 324, 342, 364, 364-A, 368, 201 and 120-B IPC, petitioners Ravindra Singh and Prakash have preferred these separate bail applications under Section 439 Cr.P.C., 1973
(2.) Upon completion of investigation, charge-sheet in the matter has been filed against both the petitioners and 9 other accused persons.
(3.) As the genesis of both the bail applications is aforementioned FIR, they are heard together and disposed of by a common order. Submissions of Learned Counsels for The Petitioners: Learned counsels for the petitioners would contend that both of them are falsely implicated in the matter inasmuch as their names did not find mention in the FIR. Learned counsels have urged in unison that electronic evidence, i.e., video clippings of crime scene, is also not showing involvement of both the petitioners. Learned counsels for the petitioners contended that if the prosecution case against them is tested in legal parlance, on the touchstone of circumstantial evidence, then it would ipso facto reveal that complete chain of evidence is conspicuously missing. Elaborating their arguments in this behalf, learned counsels submit that there is no incriminating recovery from both the petitioners. While referring to the statements of two witnesses; viz., Nema Ram and Mangla Ram, it is submitted by learned counsels that their statements are not inspiring confidence as both these statements are recorded by police 20 days posterior to the incident. It is further submitted by learned counsels that so called ocular witness, Ms. Varsha, in her statement under Section 161 Cr.P.C., 1973 has neither whispered anything against the petitioners nor named them for commission of alleged offences. Lastly, learned counsels have contended that co-accused Jabbar Puri has been enlarged on bail while disposing of his bail application No. 9106/2017 vide order dated 13th of October 2017 and case of the petitioners is on par with the co-accused.;