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1993 DIGILAW 130 (RAJ)

Bhagwana Ram v. State of Rajasthan

1993-02-25

V.S.DAVE

body1993
JUDGMENT 1. - Heard learned counsel for the parties and perused the papers made available to me. 2. This is an application for bail under Section 438 Criminal Procedure Code. wherein besides other offences which are all bailable Section 3 of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, has been added. The contention of the petitioner is that the litigation is going on between the Complainant and the accused petitioner concerning possession of a Bada and therefore, a false case has been foisted against the petitioner despite the fact that he is staying in Calcutta. He has also shown some documents to the Court to show his alibi. 3. I do not intend to enter into that question at present but suffice it to say that due to previous enmity the petitioner has an arguable case for acquittal. 4. In these circumstances of the case, I am inclined to accept this bail-application and direct that the accused petitioner shall be released on anticipatory bail. 5. The S.H.O./Arresting Authority/I.O. Police Station, Ramgarh Sethan, in EI.R. No. 35/1990, is therefore, directed that in the event of arrest the accused petitioner namely Baghwana Ram son of Shri Surjaram, shall be released on anticipatory bail, provided he furnishes a personal bond in the sum of Rs. 2000/- together with one surety in the like amount to his satisfaction on the following conditions : 1. That the accused petitioner shall make himself available for interrogation by a police officer as and when required; 2. that the petitioner 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 any police officer; and 3. that the petitioner shall not leave India, without previous permission of the court. *******