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2006 DIGILAW 435 (RAJ)

Lakhan v. State of Rajasthan

2006-02-08

R.S.CHAUHAN

body2006
Judgment R.S. Chauhan, J.-This is a second bail application on behalf of the accused petitioner Lakhan. The learned Counsel for the accused petitioner has argued that an incident had occurred between the complainant and the accused parties on 07.07.2005, about which the accused party in the present case had submitted a report before the Police Station Roopwas, District Bharatpur on 07.07.2005 itself . In order to save their skin the complainant, in the present case, lodged a report after an inordinate delay of 9 days i.e., on 16.07.2005. According to the complainant Lakhan had assaulted Rameshwar with a Kulhadi. However, according to the Medical Board, constituted upon an order passed by this Court there is no evidence of bone injury seen on Rameshwars head. He has further argued that other co-accused persons have also been granted the benefit of anticipatory bail by this Court vide order dated 112.2005. 2. Without expressing any opinion on the merits and demerits of the case, we are opinion that the benefit of anticipatory bail should be given to the petitioner Lakhan S/o Kanhaiya provided he submits a personal bond in the sum of Rs. 20,000/-(Rs. Twenty Thousand) with one surety of the said amount to the satisfaction of the trial Court on the following conditions:- “(1) That the 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 to any police officer; and (3) That the petitioner shall not leave India without previous permission of the Court.