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1984 DIGILAW 544 (RAJ)

Murari v. State of Rajasthan

1984-12-13

G.K.SHARMA

body1984
JUDGMENT 1. - The facts of this application are that there are counter F. I. R. lodged at P. S. Sewar, District Bharatpur. The F. I. R. from the side of the accused persons was registered under Section 147, 148, 149, 452, 307 and 323, IPC against the members of the complainant party. On the F. I. R. on behalf of the complainant, a case was registered against the petitioner and others u/s 307, 323/34, IPC. Along with this bail application the injury reports of Murarilal, Mathura Prasad, and Chandrabhan have been produced on behalf of the accused party, while injury reports of Chatarpal, Permanand and Hari Shanker have been produced of the complainant party. After perusal of the injury reports, it seems that fire arms were used from both the sides. On the F. I. Rs from both the parties, the police registered the case and investigated into the matter. 2. Mr. Dhankar argued that on the F. I. R. of the accused party the members of the complainant party have been released on bail by the police, while the members of the accused party have been refused for bail. So, he has come to this Court under Section 438, Cr. P. C. for anticipatory bail. 3. The learned P. P. has opposed the bail application. 4. I have considered the arguments and have perused the injury reports as well as the F. I. R. lodged by both the parties. It is correct that the members of both the parties received injuries and F. I. R. have been lodged on their behalf, but strangely enough the police has accepted bail of the members of the complainant party in the F.I.R. lodged by the accused persons, though it was under Section 307, I. P. C. They refused to accept the bail of the members of the accused party though the case has been registered u/s 307 and 452, I. P. C. 5. Mr. Dhankar argued that the police is biased with the accused persons and in order to help the complainant and his partymen the police released them on bail in spite of the fact that they also fired gun shots and the members of the accused party received gun shot injuries. 6. Mr. Dhankar argued that the police is biased with the accused persons and in order to help the complainant and his partymen the police released them on bail in spite of the fact that they also fired gun shots and the members of the accused party received gun shot injuries. 6. Therefore, when the police has released the members of the complainant party in the F. I. R. lodged by the accused persons, I am of the opinion that the petitioners be also released on anticipatory bail. 7. It is, therefore, directed that the petitioner Murarilal shall be released on bail in the event of his arrest by the Investigating Officer/S. H. O., P. S. Sewar in F. I. R. No. 215/84 P. S. Sewar, District Bharatpur, provided he furnishes a personal bond of Rs. 5000/- and a surety in the like amount to the satisfaction of the Investigating Officer/S. H. O., P. S. Sewar on the following conditions:- 1. That he shall make himself available for interrogation by a police officer as and when required. 2. That he shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with he facts of the case so as to dissuade him from disclosing such facts to the Court, or to any police officer; and, 3. That he shall not leave India without the previous permission of the Court. Bail granted. *******