Harchand And Ors vs State Of Rajasthan

Heard learned counsel for the petitioners, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record.

The petitioners apprehend their arrest in connection with FIR No.48/2018 of Police Station Jasrasar, District Bikaner, for the offences punishable under Sections 452, 307, 341 and 143 I.P.C.

Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case. It is also submitted that as a matter of fact, two groups, one of accused party and another of complainant party quarreled with each other on 13.12.2018 on a trivial issue in which both the parties received injuries. Learned counsel for the petitioners has submitted that names of the petitioners have been falsely mentioned in the FIR only because the persons involved in the quarrel are related to the petitioners and as a matter of fact, the petitioners were not even present at the scene of crime. Learned counsel for the petitioners has also submitted that even in the FIR, no specific role has been assigned to the petitioners.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

Having heard learned counsel for the parties and having gone through the case diary and particularly taking into consideration the statements of injured witnesses namely Om Prakash, Sahi Ram, Ram Lal S/o Aaju Ram and Ram Lal S/o Ruga Ram, where they neither named the petitioner No.1 nor stated that he was present at the scene of crime and also taking into consideration the fact that no specific role has been assigned to the petitioner No.2 and the injuries were assigned to other accused persons, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioners under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioners No.1 Harchand S/o Sri Ram Bishnoi and No.2 Rameshwar Lal S/o Mani Ram in FIR No.48/2018, Police Station Jasrasar, District Bikaner, they shall be enlarged on bail provided each of them furnishes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

(i) They shall make themselves available for interrogation by Investigating Officer as and when required;

(ii) They 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 to any Police Officer;

(iii) They shall not leave India without the previous permission of the Court.