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2005 DIGILAW 933 (RAJ)

Mange Lal v. State of Rajasthan

2005-03-29

NARENDRA KUMAR JAIN

body2005
JUDGMENT 1. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/record of the case made available to me during arguments of the case. 2. This bail application on behalf of five persons has been filed under Section 438 Cr.PC. in FIR No. 4/2005 which has been registered under Sections 323, 341, 143, 504, 427 IPC and under Section 3 of the SC/ST (Prevention of Attrocities) Act. The learned counsel for the petitioner submits that all the offences relating to IC are bailable offences. The allegation in the FIR is in respect of demolition of so called four shops belonging to the complainant party. However, for the same, the offence under Section 427 IPC has been added which is bailable offence. The only non-bailable offence is Section 3 of the SC/ST (Prevention of Attrocities) Act. The learned counsel has read the First Information Report wherein it has been alleged that accused party abused the complainant by using unwanted castism words but what were the exact words which may fall within ambit of Section 3 has not been mentioned or described in the First Information Report. The case diary was also summoned. The statement of the complainant has also been read in presence of learned counsel for the complainant. Prima facie, after reading the FIR as well as statement recorded under Section 161 Cr.P.C. I am satisfied that this is a fit case for issuance of direction under Section 438 Cr.PC. 3. It is also relevant to mention that a Civil as well as the revenue litigation is going on in between both the parties and due to it, this report is alleged to have been lodged. 4. After considering all the facts and circumstances of the case and without expressing any opinion into the merits and demerits of the case, I am inclined to grant the bail application of the petitioner(s) under Section 438 Cr.P.C. 5. Therefore, the SH0/1.0. of Police Station Thanagazi, District Alwar is directed that in the event of arrest of the petitioner(s) Mange Lal S/o Chhitar. Gokul S/o Chhitar, Jagdish S/o Chhitar. Therefore, the SH0/1.0. of Police Station Thanagazi, District Alwar is directed that in the event of arrest of the petitioner(s) Mange Lal S/o Chhitar. Gokul S/o Chhitar, Jagdish S/o Chhitar. Mool Chand S/o Chhitar and Hanuman S/o Mange Lal in FIR No. 4/2005 registered under Sections 323, 341, 143, 504, 427 IPC and Section 3 of the SC/ST (Prevention of Attrocities) Act .they shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand) with one surety in the like amount to his satisfaction on the following conditions:- (i) They shall make themselves available for interrogation by Investigating Officer as and when required; (ii) They shall not, directly, 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 to any police Officer; (iii) They shall not leave India without the previous permission of the Court. Bail allowed. *******