- (1.) The petitioners are accused in the case registered under Sections 147, 148, 149, 452, 307, 302, 323, 325 and 379 of the India Penal Code.
(2.) Learned counsel for the petitioners submitted that petitioners have been falsely implicated in the case; though there is allegation of giving lathi blow against the petitioner No. 2, such allegation has been made against three named persons, whereas only one injury on the head of the deceased has been found by the doctor; so far as the petitioner No. 2 is concerned, there is no specific allegation of any overt act; he happens to be a member of the mob, consisting of 11 named persons and 200- 250 unknown persons; petitioner No. 1 is in custody since August, 2009 and petitioner No. 2 is in custody since September, 2009; the petitioners are local permanent residents; there is no chance of their absconding.
(3.) Learned APP opposed the petitioners' prayer for bail and submitted that there is specific allegation against petitioner No. 1 of giving lathi blow on the deceased; the doctor has found one specific injury and swellings on different parts of the body of the deceased, which indicate the injuries caused by the petitioners. However, he has not disputed other contentions and also the contention that there is no specific allegation against the petitioner No. 2.;