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2016 DIGILAW 1729 (PNJ)

Roshan Lal Arya v. State of Haryana

2016-07-15

INDERJIT SINGH

body2016
JUDGMENT : INDERJIT SINGH, J. 1. Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.99 dated 07.03.2016 under Sections 153, 153A, 153B, 188, 505 and 506 IPC, registered at Police Station Civil Lines, Kaithal. 2. Notice of motion was issued and learned State counsel appeared and contested the petition. 3. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. 4. As per the allegations in the FIR, the complainant saw a video on the internet in which Roshan Lal Arya administered the oath to about 100-150 persons belonging to 35 biradaries and against Jat Community in order to destroy the brotherhood in a public meeting, which is as under:- "That I take oath that I shall maintain the unity of 35 biradaries, I shall not keep/maintain political, social and economic relations with the persons of Jaat community. I shall not pay respect to the member of any Jaat community nor receive his respect. I shall not purchase the articles from the shop being run by person of Jaat community. I shall abstain myself from meeting any person of Jaat community and ask to person of Jaat community to hold his ear on getting an opportunity to do so. I shall provide one piece of bread to the dog and crop on the roof and street so that I may be able to pray for the destruction of the persons of Jaat community. I shall pray the Almighty five times a day for duration of five minutes each for the extinction of Jaat community. May god including lords Krishna, Rama, Shankar and Vishnu destroy this Bhashmaasur and Narkaasur. Gada of lord Hanuman may struck against them repeatedly. Jaihind" 5. From the record, further I find that the after grant of interim bail in this case, the present petitioner is stated to have again repeated the offence and another FIR No.94 dated 26.04.2016 under Sections 124A, 153A and 153B IPC has been registered against him at Police Station Ferozepur Jhirka, District Mewat. 6. Jaihind" 5. From the record, further I find that the after grant of interim bail in this case, the present petitioner is stated to have again repeated the offence and another FIR No.94 dated 26.04.2016 under Sections 124A, 153A and 153B IPC has been registered against him at Police Station Ferozepur Jhirka, District Mewat. 6. Keeping in view the facts and circumstances of the present csae, nature and gravity of the offence and without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I do not find it a fit case where petitioner is entitled to benefit of anticipatory bail. 7. Therefore, finding no merit in the present petition, the same is dismissed.