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2023 DIGILAW 1221 (RAJ)

Ramkaran Singh v. State of Rajasthan

2023-05-31

SAMEER JAIN

body2023
ORDER : (Sameer Jain, J.) The present bail applications have been filed under Section 438 Cr.P.C. in connection with FIR No. 177/2021 registered at Police Station Nawalgarh, District Jhunjhunu for the offence(s) under Section 147, 148, 149, 342, 323, 325, 326, 308 & 504 of IPC. 2. Learned counsel for the accused-applicants submits that the incident in question occurred on 28/29.03.2021, which was an inter-se fight between the accused-applicants and the complainant party, who are relatives and neighbours, on account of long standing land dispute. Learned counsel contends that complainant party were the aggressors, who initiated the fight in question and on account of which cross FIRs were filed. The FIR No. 177/2021 dated 29.03.2021 was filed by the complainant and FIR No. 179/2021 dated 29.03.2021 was filed by the accused-applicants. Initially, the offence alleged against the accused-applicants were all bailable and accordingly the accused-applicants were enlarged on bail under Section 436 of CrPC. However, the complainant, in connivance with higher police authorities, got the non-bailable offence under Section 308 and Section326 of IPC added against the accused-applicants. Against this, the accused-applicants preferred a S.B. Criminal Misc. Petition No. 5950/2021 under Section 482 of CrPC and this Court granted interim protection from arrest to the accused-applicants vide order dated 16.11.2021, which is still continuing. Thereafter, vide order dated 04.05.2022 (Annexure-5), the learned Sessions Court cancelled the bail granted to the accused-applicants after considering the factum of addition of aggravated offenses under Section 308 and 326 of IPC. 3. In this regard, the accused-applicants have filed the present anticipatory bail application wherein interim protection was granted to the applicants on 24.05.2022, which is in operation as on date, and therefore a prayer is made to make the same absolute. In this regard, reliance is placed on Apex Court judgments of Abhishek Kumar v. State of Delhi: (2022) 6 SCC 399 , Dheeraj Bhadviya v. State of Rajasthan: (2022) 6 SCC 63 and Jarnail Singh v. State of Punjab (Criminal Appeal No. 357/2022 decided on 07.03.2022). 4. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the contentions made on behalf of the accused applicants. Learned counsel for the complainant submits that the victim in question has sustained grievous injuries and has lost vision in one eye. It is submitted that the offence under Section 308 and 326 IPC are prima facie made out. Learned counsel for the complainant submits that the victim in question has sustained grievous injuries and has lost vision in one eye. It is submitted that the offence under Section 308 and 326 IPC are prima facie made out. It is further contended that bail granted to the accused-applicants was rightly cancelled as the accused-applicants have been missing their liberty and treating the victim/complainant to settle/compromise and in this regard a complaint dated 22.04.2023 has also been filed by the complainant/victim. 5. Heard and considered. 6. Considering the arguments advanced by both the sides, considering that initially the FIR was registered for bailable offences and accused-applicants were enlarged on bail for a period of about one year; that even after aggravated offence under Sections 308 and 326 of IPC were added, the accused-applicants were granted interim protection by Co-ordinate Bench of this Court vide order dated 16.11.2021 under Section 482 of CrPC, which is still operational and has not been assailed; that interim protection from arrest was also granted under Section 438 by Co- ordinate Bench of this Court on 24.05.2022, which is also in operation and not assailed; that the investigation is at the verge of conclusion, as submitted by the Investigation Officer, present in person; that the contention of the complainant that the accused-applicants are threading the victim is not worthy consideration at this belated stage; considering the judgment of Abhishek Kumar (supra) Dheeraj Bhadviya (supra) and Jarnail Singh (supra), wherein it is held that if interim protection has continued for a long period, the same may be made absolute, and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this Court is inclined to allow the present bail application and make the order dated 24.05.2022 absolute. 7. Accordingly, the anticipatory bail applications are allowed. 7. Accordingly, the anticipatory bail applications are allowed. The S.H.O/I.O/Arresting Officer, Police Station Nawalgarh, District Jhunjhunu in F.I.R. No. 177/2021 is directed that in the event of arrest of the accused-applicants Ramkaran Singh S/o Bhuraram, Reshma Devi W/o Shri Ramkaran, Ramesh Kumar S/o Shri Ramkaran Singh, Nemichand S/o Shyoram, Sunita Devi W/o Nemichand they shall be released on bail, provided they furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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/her from disclosing such facts to the court or any police officer, and (iii) that the applicants shall not leave India without previous permission of the court.