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2009 DIGILAW 32 (RAJ)

Kartar Singh v. State of Rajasthan

2009-01-07

M.N.BHANDARI

body2009
JUDGMENT 1. - Heard learned counsel for the petitioners as well as the learned Public Prosecutor and perused the record of the case. 2. Learned counsel for the petitioners submits that though the case under Section 3 of the SC/ST (Prevention of Atrocities) Act is not made out against the petitioner not only for the reason that FIR was lodged with the delay of five days without any explanation and even if the FIR is looked into then atrocity has not taken place in the public place, thus the petitioner may be granted bail under Section 438 of Cr.RC. in view of the fact that no case is made out under Section 3 of the SC/ST (Prevention of Atrocities) Act against the petitioner. It is also stated that it is only with a view to take revenge with the petitioner said FIR has been lodged after a delay of five days. 3. Learned Public Prosecutor, on the other hand, has opposed this bail application. 4. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits of the case but looking to the fact that not only there is delay of five days in lodging the FIR, thus for that reason coupled with the reason that prima facie the case under Section 3 of the SC/ST (Prevention of Atrocities) Act does not made out against the petitioner, I am inclined to accept this bail application and accordingly, the bail application of the petitioner so moved under Section 438 of Cr.P.C. is allowed. 5. Therefore, the SHO/I.O. of the Police Station Rajakhera is directed that in the event of arrest of the petitioners Kartar Singh s/o Shri Mahtab Singh and Pappu s/o Shri Mahtab Singh in FIR No. 152/2008 registered for offence under Sections 143, 323, 341, 379, 452, 504 IPC and Section 3-1(10) of SC/ST Act, he shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs. 25,000/- (Rs. 25,000/- (Rs. Twenty Five Thousand Only) 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 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; (iii) they shall not leave India without the previous permission of the Court; (iv) they will not commit any offence during the period of bail. Bail Application Allowed. *******