1. This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No. 238/2011, Police Station Osia, District Jodhpur, for the offences under Sections 341, 323, 324 & 302 IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

3. Learned counsel for the petitioner submits that though, petitioner and the complainant are close relatives, his name was not given while lodging the FIR. From the record of the challan papers, learned counsel points out that the petitioner was not even named by the other complainant and only in one of the statement under Section 161 Cr.P.C. of Ashok Kumar, name of the petitioner has been mentioned and thus, the petitioner has been unnecessary roped in by the police authorities.

4. Arguing the bail application learned counsel for the petitioner contended that it is unbelievable that when a complaint is being lodged by cousin of the petitioner, who claims to be present at the spot, would not take the name of the petitioner, if he was really available at the time of incident much less involved in the offence.

5. Learned Public Pr