AJEET Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for grant of anticipatory bail has been filed by three accused petitioners namely; Ajeet, Vinod and Mohanlal @ Bhanwarlal all are residents of Longiya Mohalla, PS Ganj, Ajmer in FIR No. 43/2009 registered at Police Station Ganj, Ajmer for offence under Section 427, 147, 148, 149, 323 and 353 IPC.

(2.) It is contended in the bail application that the date i.e. 23/5/2009 on which the FIR was registered and in which they were sought to be arrested on the same day, accused Bhiman, who is a history-sheeter subjected petitioners and complainant-Bunti to beating for which case against him for offence under Section 324, 326 and 307 IPC and Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act, 1989 was registered. The challan has been filed in that case. When police did not take timely action against Bhiman and arrested large number of people of the local residents, the mob got furious and they protested against inaction of the police, for which, present FIR No. 43/2009 for offence under Section 427, 147, 148, 149, 323 and 353 IPC was registered against the present petitioners. The main allegation of provoking the crowd was made against Munir Tamoli, Banti and Mahendra. It was alleged that petitioners were accompanying the mob of 40-50 persons who were posing their objections at the police station to their working and petitioners along with others were named in the FIR. General allegation without any basis was made against them and therefore police filed final report in the matter which was not accepted by the court of Magistrate, who directed re-investigation into the matter. Apprehending their arrest, petitioners applied for grant of anticipatory bail at that stage, which has been rejected by the court of session.

(3.) Representative of the State opposed the bail application.