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2012 DIGILAW 1669 (RAJ)

Deepak Sharma v. State of Rajasthan through Public Prosecutor

2012-08-01

MOHAMMAD RAFIQ

body2012
JUDGMENT 1. - Heard learned counsel for petitioners as well as learned Public Prosecutor and perused material/case diary made available to me during arguments of case. 2. This application under section 438 Cr.P.C. is filed at the instance of petitioners, who are all students including petitioner no.3, who is minor aged 17 years. Complainant Bharat Singh is also a fellow student. It was an inter-se dispute between them, owing to which a criminal case for offence under Sections 143, 341, 323, 379 of IPC and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, was registered. It is argued that the matter has been compromised between the parties and a certified copy of compromise has been produced for perusal of the court. The said compromise, which was entered into between the parties, was produced before the court below, and same was taken on record. 3. Learned counsel has cited a judgment of this court in Satyanarain v. State of Rajasthan, 2007 (2) Cr.L.R. (Raj.) 1300 , whereby in similar circumstances, this court, on the basis of compromise between the parties, was persuaded to grant anticipatory bail to accused, against whom also allegation was made of committing offence under Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The other offences alleged against present petitioners are not of serious nature. 4. Taking into consideration all the facts and CRLMB7956/2012 // 2 // circumstances of the case and without expressing any opinion on merits of the case, I allow this bail application under Section 438 Cr.P.C. 5. Therefore, the SHO/I.O. of the Police Station Chirawa, District Jhunjhunu, is directed that in the event of arrest of the petitioners, namely (1) Deepak Sharma S/o Arjunlal, R/o Ward No.16, Chirawa, District Jhunjhunu, (2) Amit Sharma S/o Brijmohan, R/o Ward No.24, Chirawa, District Jhunjhunu and (3) Devesh Man S/o Manoj Man, R/o Ward No.20, Chirawa, District Jhunjhunu, in FIR No.219/2012, registered under Sections 143, 341, 323, 379 of IPC and Section 3(1)(x0 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, he shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each, to his satisfaction on the following conditions:- (1) They shall make themselves available for interrogation by Investigating Officer as and when required; (2) 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; (3) They shall not leave India without the previous permission of the Court. The bail application stands disposed of.Bail application allowed. *******