Deepu and Others vs State of Rajasthan

Mohammad Rafiq, J.—This application for grant of anticipatory bail has been filed by three accused petitioners namely; Deepu, Sonu and Rahul in FIR No. 387/2010 registered at Police Station Kotwali Gangapur City, District Sawai Madhopur for offence Under Sections 143, 323, 341 and 327 IPC.

It is contended in the bail application that principal allegation of causing the grievous injury on the person of complainant Amit is against co-accused Chuttanlal alias Chotey which led to fracture of his teeth and Chuttanlal after being arrested was enlarged on bail by the court below itself u/s 439 Cr.P.C. Allegation against the petitioners is that they accompanied the principal accused indulging in marpeet by use of fist and pelted stones at the complainant-party. Other two injured namely; Kailash and Jai Narain also received one injury each which is by blunt weapon and are simple in nature. The genesis of incident is being suppressed by the complainant-party. No other criminal case has been registered against the petitioners.

The case diary was produced by the representative of the Public Prosecutor Office which was scrutinized keeping in view the submissions noticed above.

In totality of the circumstances and keeping in view the fact that principal accused is Chuttanlal alias Chotey and not the petitioners and other two injured received one injury each and that too of simple nature, I am inclined to grant to the petitioners benefit of pre-arrest bail.

In the result, this anticipatory bail application u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners (1) Deepu S/o Harikishan, (2) Sonu S/o Harikishan and (3) Rahul S/o Kalicharan, they be released on bail by the S.H.O./I.O. in FIR No. 387/2010 registered at Police Station Kotwali Gangapur City, District Sawai Madhopur for offence Under Sections. 143, 323, 341 and 327 IPC on their furnishing a personal bond in the sum of Rs. 30,000/- each together with two sureties in the sum of Rs. 15,000/- each to his satisfaction with the following conditions:

that the petitioners shall make themselves available for interrogation by a police officer as and when required;

that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and

that the petitioners shall not leave India without previous permission of the court.