KAMLESH SAXENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the bail-application.

(2.) In this bail-application under S. 438 Crimial P.C. the allegations are that when the complainant on 21st Nov., 1991, went to open his shop, at that time accused petitioner Kamlesh Saxena, came to the shop and obstructed in opening the shop, used filthy language and also gave beating. On this report a case for offences under Ss. 452, 323 and Sec. 3 of the S.C. and S.T. Prevention of Atrocities Act, was registered. The trial-court rejected the application under S 438 Crimial P.C.

(3.) I have perused the case diary and I find that it is a fit case for grant of anticipatory bail, in view of the fact that there is not only belated report but the case of the complainant himself is self-contradictory. In the first information report, in from para, he has come out with a case that he was serving on the shop of the petitioner; in second (illegible) he came with a case of partnership & in third one of his own ownership after settling the previous monetary dispute. The dispute with the accused petitioner therefore, emerges out of business transactions and ex-facie does fall within the exception as such I am inclined to grant pre-arrest bail to the accused petitioner.