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Madhya Pradesh High Court · body

1978 DIGILAW 591 (MP)

Randhir Singh v. State of M. P.

1978-08-05

N.C.DWIVEDI

body1978
Short Note : 1. This is an application under section 438 of the Code of Criminal Procedure for grant of anticipatory bail by Randhir Singh and Omprakash. Held: A perusal of the case diary indicated a serious offence which is further enhanced by the fact that two applicants are Government servants. There is prima facie material that the two applicants were involved in beating a woman Raju alias Rajkumari and thereafter to set fire to her hut reducing it to ashes with its contents. The medical report dated 30-6-1978 shows that Raju Bai had sustained three contusions, contusions being 5" x 2"x 6" x 2½” and 5" x 2½". These injuries were caused by a hand and blunt object. There is thus prima-facie material on record to lend support to the statement of Raju alias Rajkumari that she was assaulted. 2. Raju alias Rajkumari stated that the two applicants came to her hut, abused her filthily and assaulted her. Thereafter she fled away to some distance and from behind a tree she saw the two applicants setting fire to her hut. The entire belongings were reduced to ashes. Sayarabai also saw the two applicants filthily abusing Raju alias Rajkumari, assaulting her and then setting fire to her hut. To the same effect is the statement of Geetabai and Manibai. To Ramlal, Rajubai immediately told that the two applicants assaulted her and set in fire to her hut. 3. The driver of the vehicle in which the two applicants had come also testified to the arrival of the two applicants at the hut of Rajubai, her cries of being saved and his having seen the Tapra under fire. Shriram also saw the Tapra on fire and his being pushed away with a danda by the driver. 4. There is thus prima-facie material to believe that the two applicants were connected with the offences under section 436 of Indian penal Code and other sections. AIR 1978 S.C. 149 referred to, AIR 1962 S.C. 253 relied on. Application dismissed.