Order

04/03/2025

1. Apprehending their arrest in connection with FIR No.157/2024, registered at Police Station Karvar, District Bundi, for the offence(s) under Sections 126(2), 115(2), 333, 109(1), 110, 324(4), 74, 76, 329(3), 191(2) and 190 of B.N.S., the accused-petitioners have preferred this criminal misc. bail application under Section 482 of B.N.S.S.

2. Learned counsel for the accused-petitioners submit that the accused-petitioner Nos. 2, 3 and 4 have falsely been implicated in this case. It is argued that the offence under Section 109(1) of BNS is not made out against all the petitioners. The injuries sustained to injured Manju Bai, Gita Bai, Prem Bai, Prem Lata and Ronali are simple blunt in nature. The injuries sustained to injured Rohit Singh at his left and right arm were found to be grievous in nature. The injuries sustained to injured Hari Mohan were found to be grievous in nature but they are not specifically attributed to be caused by the petitioners. The name of the petitioner Nos.2 to 4 are not mentioned in the FIR. The accused-petitioners are ready and willing to co-operate with the investigation. It is further contended that the other co-accused who were arrested, have already been enlarged on regular bail by the Court below, therefore, no fruitful purpose be served to send the petitioners in the custody and therefore they may be enlarged on anticipatory bail.

3. Learned Public Prosecutor has vehemently opposed the grant of anticipatory bail application. It is contended that the petitioners along with the other co-accused after forming unlawful assembly entered into house of the complainant and assaulted members of the complainant-party, resulting into multiple fracture to injured Hari Prasad and the other injured Rohit. The other persons also sustained multiple injuries, therefore, considering the above facts, the anticipatory bail application of the accused-petitioners may be dismissed.

4. Heard and perused the material available on record.

5. The petitioner Nos.2, 3 and 4 are not named in the FIR nor the material witnesses have attributed their role in the alleged crime, therefore, considering the above facts, I deem it just and proper to enlarge the petitioner Nos.2, 3 and 4 on anticipatory bail. As far as petitioner No.1-Dayaram is concerned all the material witnesses in their statement rendered under Section 180 of BNSS has named the petitioner No.1-Dayaram, therefore, considering the above facts, this Court is not inclined to enlarge the anticipatory bail to petitioner No.1-Dayaram.

6. Accordingly, the anticipatory bail application filed under Section 482 of B.N.S.S. of the petitioner No.1 Dayaram is hereby dismissed and rest of the petitioners i.e. petitioner Nos.2, 3 and 4 are allowed and it is ordered that in the event of arrest of the qua petitioners namely; Ramsagar S/o Shri Heeralal, Sanwra S/o Shri Sitaram and Omprakash S/o Shri Sitaram, in connection with FIR No.157/2024, registered at Police Station Karvar, District Bundi, 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 petitioner Nos.2 to 4 shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioner Nos.2 to 4 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 them from disclosing such facts to the court or any police officer, and (iii) that the petitioner Nos.2 to 4 shall not leave India without previous permission of the court.

(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /208 Powerd by TCPDF (w.tcpdf.org)