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ROSHANKHAN & ORS v STATE - CRLMB Case No. 3057 of 2007  RD-RJ 3353 (13 July 2007)
S.B.Cr. Misc. Bail Application No.3057/2007
(Roshan Khan & Ors. vs. State of Rajasthan)
Date of order : July 13, 2007
Mr.G.M.Khan, for the petitioners.
Mr.Ashok Upadhyaya, P.P. for the State.
Heard learned counsel for the petitioners and the Public
Prosecutor for the State. Perused the order impugned and the police investigation diary. I have carefully gone through the injury report of Khima Ram, who alleged to have suffered as many as eight injuries, one of them is on occipital region. The allegation against petitioner Ramzan Khan is that he took away the money from the cash-box of the complainant.
Having regard to the facts and circumstances of the case and the manner in which the occurrence took place and the fact that the injured has been assaulted and suffered numerous injuries, one of them is on the skull, it cannot be said that the petitioners are not involved in the commission of crime. The plea taken by the petitioners before the trial court that at the time of occurrence, petitioner No.2 Ramzan went to Nagaur to take his daughter and petitioners No.1 and 3 went to
Ahmedabad and Nasik is the plea of alibi, however, in view of the statement of the injured, the petitioners were present at the place of occurrence and they are involved in the commission of crime. In the circumstances, therefore, in my view, it is not a fit case to grant anticipatory bail .
The bail application filed by the petitioners under section 438 Cr.P.C. is, therefore, dismissed.
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