(1.) This bail application has been filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C. hereunder) for granting pre -arrest bail to the petitioners who are FIR named accused in Kakraban P.S. case No.37 of 2021 under Sections 457, 325, 427, 384 read with Section 34 IPC which has been registered on the basis of the FIR lodged by Smt. Sibani Chakraborty (Roy) of Rajarbag, Udaipur.
(2.) The informant lodged the FIR with the Officer 'incharge, of Kakraban Police Station on 12.06.2011 alleging, inter alia, that on 11.06.2011 at around 10 O'clock in the night, the petitioners broke open the gate of the dwelling house of the informant and they first entered into the Puja room of the house where they damaged the articles including the electric bulbs. Thereafter, they entered into the bed room of the elder brother of the informant and assaulted him. As a result of their assault, the elder brother of the informant received multiple injuries in his body. Allegedly, the petitioners did not even spare the old and ailing mother of the informant who came to save the life of her son. The old lady was also assaulted by the petitioners. After committing assault on the elder brother and mother of the informant, the petitioners robbed them of a cash sum of Rs.9,000/-.
(3.) When the neighbouring people appeared in their house for their rescue, the petitioners left. Thereafter, the injured were taken to hospital in critical condition where they received treatment as indoor patient.