AMRIK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 37/2018, Police Station Sadar, Hanumangarh, registered for the offences under Sections 341, 323, 326, 147, 148 and 149 of the Indian Penal Code.

(2.) Learned counsel for the petitioner stated that although the name of the accused-petitioner has been mentioned in the First Information Report (FIR) but there is no specific allegation levelled against the accused-petitioner; that cross FIR bearing number 36/2020 has been filed by the petitioners' side and in that FIR, charge sheet has been filed for the offence punishable under Section 307 IPC and other offences of the Indian Penal Code; that in the present FIR, previously negative final report had been submitted by the Police but the same had not been accepted by the learned Trial Court and order for re-investigation has been passed by the learned Trial Court; that after re-investigation of the matter, no injury has been attributed to the accused-petitioner; that in cross-case, which has been registered as FIR No. 36/2020 filed on behalf of the petitioners' side; that benefit of anticipatory bail has been granted to the accused-petitioner of that case on the basis that injuries are not attributed to that petitioner, therefore, considering the overall circumstances, benefit of anticipatory bail may be granted to the present accused-petitioner.

(3.) Learned Public Prosecutor as well as the learned counsel appearing on behalf of the complainant have seriously opposed the anticipatory bail of the accused-petitioner.