JUDGMENT Applicant Kallan S/o Shriram Brahmin, aged 26 years, of the village of Fardua (P.S. Daboh), District Bhind apprehends his arrest in Crime No. 56/92 which was registered at Police Station Daboh on 15.7.92 at 3.05 p.m. on the basis of the F.I.R. lodged by Anand Swaroop S/o Ramesh Kumar Sharma, of the village of Debhai (P.S. Seondha, Distt. Datia) at 2.45 a.m. on 15.7.92 in respect of an occurrence which took place at 4.00 p.m. on 14.7.92 at the ghat of a river. The offence was registered under sections 364, 336,148, 149and 326 I.P.C. First-informant Anand Swaroop of Debhai went to a temple at Kaksi within the local limit of P.S. Daboh. Then he walked back to the ghat in question. Five persons-three of whom had guns and the remaining two had sticks caught hold of him. His out cries brought 10-15 persons towards him. Jai Narayan Brahmin fired a shot at them and they retreated. The five miscreants dragged him away. When Ram Kumar Patel of Fardua came running after him and protested whereat Jai Narayan said that he was being taken for effecting his compromise with a Chandra Shekhar. The five persons took him to a pump house near Karawall where he was beaten up with sticks. They dragged him after trussing him up with a length of rope. They brought him to the haar of Debhai and Etowds and gagged him. Ram Shankar gave him axe blows on his right leg and almost severed it. Girja Shankar Brahmin gave an axe blow on his left leg. After this, his gag came off and he shouted out loudly at 6.30. His out cries brought a group of people of the village of Debhai including his father. The miscreants ran away. He was put into a bullock-cart and then they went to the Police Chowki Debhai and thence he was taken into a police vehicle to Police Station Secondha. The FIR of Anand Swaroop names Jai Narayan of Fardua, Ramshankar and Girja Shankar, both of Debhai and the two persons. He said that he knew them by face but not by their names. He said that one belongs to the village of Fardua and was the brother of co- accused Jai narayan while the fifth was a boy hailing from the village of Salaiya. He said that he knew them by face but not by their names. He said that one belongs to the village of Fardua and was the brother of co- accused Jai narayan while the fifth was a boy hailing from the village of Salaiya. Ram Kumar Patel and Bhole of the village of Fardua, both Brahmins, told the police under section 161. Cr.P.C. on 15.7.92 that the accused persons were Jai Narayan, Ram Shankar, Girja Shankar and the remaining were Jagmohan and the present applicant Kallan, both of Pardua. Thus, these two witnesses did not mention any boy belonging to the village of Salaiya and to that extent there is a discrepancy between their version and the F.I.R. Now, in his statement under section 161 Cr.P.C. recorded on 20.7.92, Anand Swaroop affirmed that the fourth accused was Jagmohan, brother of co-accused Jai Narayan of Fardua. The identity of the fifth accused namely, the present applicant was being fixed by him on the information furnished by Ram Kumar Patel and Bhole. So here also the body of Salaiya received no mention. To keep the record straight, it is said that the offences were committed by five persons. Thus, the applicant is not named in the F.I.R. He belongs to the village of Fardua and the two Fardua's men in the F.I.R. were Jainarayan and his brother, whose name is admittedly Jagmohan. In this back ground, the applicant's name has been introduced during the investigation. His bail application is allowed. The applicant shall offer his arrest at Police Station Daboh in a baparda condition by 30th November 92 because this order shall 'cease to have affect on and from 1.12.1992. In the event of his arrest, the applicant be released on a personal bond of three thousand rupees with two sureties in the like amount to the satisfaction of the Police Officer competent to accept bail under section 438 (1) Cr.P.C.