AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 392 wordsMohd. Fahim Anwar, J
Heard on this first application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on behalf of applicant, who is apprehending his arrest in connection with Crime No.217/2013, registered at Police Station Chhipabad, District Harda under Sections 147, 148, 452, 149, 323, 307 and 436 of the Indian Penal Code.
The case of the prosecution is that, on 19.09.2013 some communal riots had taken place in the area which comes under the jurisdiction of Police Station Chhipabad, District Harda and during the course of that riot, applicant and co-accused persons attacked the house of complainant Jaan Baksh and set his house on fire. They also attacked the persons, who were living in that house. It is also alleged that at the time of incident they have attacked on complainant Jaan Baksh and his son Rafique Khan, Sharif Khan etc. and inflicted injuries by means of wooden sticks, as a result of which Jaan Baksh and Rafique Khan sustained grievous injuries for which they have remained hospitalized for a long period.
Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is also submittedthat name of the applicant was neither mentioned in the FIR nor in the statements o complainant and other witnesses. It is further submitted that the applicant is a permanent resident of the address described in the application. He is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed upon him. In view of the aforesaid, it has been prayed that the applicant be granted the benefit of anticipatory bail.
Learned Panel Lawyer for the respondent/ State on the other hand has opposed the application.
Consequently, this first application for anticipatory bail under section 438 of the Code of Criminal Procedure, filed on behalf of applicant, is allowed.
It is directed that in the event of his arrest, the applicant shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.30,000/- and a solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
Certified copy as per rules.