JUDGMENT 1. - On 22.4.1999 at about 12.45 O'clock the police officers P/s. Khetri received a telephonic message that some persons were fighting at Nizampura Maud Bus Stand. The police officers reached there and arrested the present applicant for having caused injuries to Ram Chander Ahir. The applicant was arrested U/s. 151 Cr.RC. and thereafter a complaint under Section 107/116 r.w. Section 151 Cr.RC. was filed by the police in the court of SDM Khetri on 23.4.99. On that very day the applicant was read over a notice under Section 111 Criminal Procedure Code He appears to have been admitted to bail by the learned SDM in that case. 2. Simultaneously what the police officers, P/s. Khetri did was that on the basis of the statement of Ram Chander, recorded by them, Crime No. 132/99 for offences U/s. 323, 341 IPC was registered. Subsequently the offence under Section 307 IPC was also added. It is in connection with this case No. 132/99 that the applicant apprehends his arrest again by the police officers P/s. Khetri. 3. It was submitted that in respect of the same occurrence/incident the police has arrested the present applicant under Section 151 Criminal Procedure Code though in connection with a case under section 107/116 Cr.RC. Since the applicant had once been arrested in connection with a case registered at the Police Station he cannot be arrested again in connection with the same increased by the police. 4. I have looked into the arrest memo, the information recorded in the daily diary, kept at the police station, the complaint filed by the police against the present applicant in the court of SDM . Khetri, and the orders made in that case by the learned Executive Magistrate on 23/4/99 and 26/4/99. I 'have .also looked into the FIR No. 132/99 registered on the basis of the statement of Ram Chander, injured. Howsoever confusing the action of the police officers might be, the applicant should not be allowed to be re-arrested by the police in the same case in which he had once been arrested and to jeopardise his liberty which he had earned through the court of executive magistrate. 5. In view of the above, I direct that in the event of his arrest the applicant Balveer Singh S/o. Malaram, accused in FIR No. 132/99, PS.
5. In view of the above, I direct that in the event of his arrest the applicant Balveer Singh S/o. Malaram, accused in FIR No. 132/99, PS. Khetri, shall be released on bail on his furnishing two sureties in the amount of Rs. 5000/- each with personal bond in the amount of Rs. 10,000/- to the satisfaction of the officer arresting him and he shall observe the following conditions : (i) that the person(s) shall make himself/themselves available for interrogation by a police officer as and when required; (ii) that the person(s) shall not, directly or indirectly, made 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; (iii) that the person(s) shall not leave India without the previous permission of the court. 6. This order shall remain in force till the expiry one month after the submission of the charge sheet, if any, against him during which period the applicant(s) may appear before the court concerned and pray for regular bail there.Anticipatory bail granted with conditions. *******