Ramkhiladi and Others vs The State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for Petitioners as well as learned Public Prosecutor and perused material/case diary made available to me during course of arguments.

Contention of learned Counsel for Petitioners is that there is only one grievous injury sustained by complainant-injured Lalji and other five injuries sustained by him are simple in nature, therefore it is a case of over-implication and that the dispute is with regard to way to agriculture field. There is no other criminal case every registered against Petitioners.

Learned Public Prosecutor opposed the bail application and submitted that the accused-Petitioners No. 1, 2 and 3, namely, Ramkhiladi, Bharat Lal and Jeetram, have been named by name as assailants causing injuries on the person of injured.

Considering arguments of both the parties, I am not inclined to extend benefit of anticipatory bail to accused-Petitioners No. 1, 2 and 3, namely, Ramkhiladi, Bharat Lal and Jeetram. Their bail application is accordingly dismissed.

However, taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow the bail application of accused-Petitioners No. 4, 5, 6, 7 and 8 u/s 438 Code of Criminal Procedure.

Therefore, the SHO/I.O. of the Police Station Bamanwas, District Sawai Madhopur, is directed that in the event of arrest of Petitioners No. 4, 5, 6, 7 and 8, namely, Ramkishan Son of Dhannalal, Meethalal Son of Pannalal, Phoolchand Son of Pannalal, Bhagirath Son of Rajaram and Shyamlal Son of Barfu, Residents of Morpa, Police Station Bamanwas, District Sawai Madhopur, in FIR NO. 379/2010, registered under Sections 143, 341 and 323 IPC, he shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs. 30,000/- with one surety of like amount to his satisfaction on following conditions:

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

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;

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

The bail application stands partly allowed.