ANIL VASHISHTHA Vs. STATE OF RAJASTHAN & ANOTHER

JUDGEMENT

(1.) This application under section 439(2) Cr.RC. seeks cancellation of bail order dated 8.5.2002 passed by this court in S B. Criminal Misc. Bail Application No. 1882/02 whereby anticipatory bail u/s. 438 Cr.RC. has been granted to the non-petitioners No. 1, 2 and 3, Ramji Lal, Ved Prakash and Genda Lal, respectively.

(2.) The relevant facts necessary for its disposal are that an FIR No. 113/2002 came to be registered at RS. Kotwali Alwar for the offences under sections 143, 323, 341 and 379, I.PC. but after investigation the challan was tiled for the offences under section 143, 341, 323 and 365 I.RC. This FIR was lodged by Anil Vashistha with the allegations that when he and his friend Vijendra Singh were coming from market to their house, they met Babu Lai Saini, Bhagwan Sahay and other 6-7 persons on the way who stopped them and asked their names. They gave beating to Vijendra Singh with lathies. The complainant fled away from there and came back on the spot with the relatives of Vijendra Singh, but they found that the accused persons had kidnapped/abducted Vijendra Singh. Apprehending their arrest, the petitioners applied for anticipatory bail to this court which was granted by a co-ordinate Bench of this court. Aggrieved by the said order, the complainant has moved this application seeking cancellation of bail order passed in favour of the accused persons with the allegations that the accused persons have threatened the complainant and injured Vijendra Singh on 10/11 Aug. 2003 to break their hands and necks if they pursued the case against them pending in the court of Chief Judl. Magistrate. They also threatened the petitioner to kill him. The complainant also made a complaint in this regard in the court of the City Magistrate Alwar under sections 107 and 116(3) Cr.RC. It is further alleged that accused persons have threatened the prosecution witnesses namely Balvir Singh, the complainant, Anil Vashishtha the complainant Bijendra, the injured, and Laxman and have enclosed their affidavits.

(3.) After service of notice on the non-petitioners No. 1 and 2, a written reply denying the allegations made in the application, has been filed. It is pleaded that it is not specifically mentioned by the complainant as to what threats have been given. Non specific words allegedly uttered by the non-petitioners have been stated in the application. In the additional pleas, it is stated that the non-petitioners are not criminals and whereas complainant and Vijendra Singh are history-sheeters as several criminal cases are registered against them. The non-petitioners No. 1 and 2 have been granted regular bail by the learned C.J.M. Alwar vide his order dated 3.12.2002.