RAMKARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail applications have been filed under Sec. 438 Cr.P.C. in connection with FIR No. 177/2021 registered at Police Station Nawalgarh, District Jhunjhunu for the offence(s) under Sec. 147, 148, 149, 342, 323, 325, 326, 308 and 504 of IPC.

(2.) Learned Counsel for the accused-applicants submits that the incident in question occurred on 28/3/2021/29/3/2021, which was an inter-se fight between the accused-applicants and the complainant party, who are relatives and neighbours, on acccount of long standing land dispute. Learned Counsel contends that complainant party were the aggressors, who initiated the fight in question and on account of which cross FIRs were filed. The FIR No. 177/2021 dtd. 29/3/2021 was filed by the complainant and FIR No. 179/2021 dtd. 29/3/2021 was filed by the accused-applicants. Initially, the offence alleged against the accused-applicants were all bailable and accordingly the accused- applicants were enlarged on bail under Sec. 436 of Cr.P.C. However, the complainant, in connivance with higher police authorities, got the non-bailable offence under Sec. 308 and sec. 326 of IPC added against the accused- applicants. Against this, the accused-applicants preferred a S.B. Criminal Misc. Petition No. 5950/2021 under Sec. 482 of Cr.P.C. and this Court granted interim protectiom from arrest to the accused-applicants vide order dtd. 16/11/2021, which is still continuing. Thereafter, vide order dtd. 4/5/2022 (Annexure-5), the learned Sessions Court cancelled the bail granted to the accused-applicants after considering the factum of addition of aggravated offenses under Sec. 308 and 326 of IPC.

(3.) In this regard, the accused-applicants have filed the present anticipatory bail application wherein interim protection was granted to the applicants on 24/5/2022, which is in operation as on date, and therefore a prayer is made to make the same absolute. In this regard, reliance is placed on Apex Court judgments of Abhishek Kumar Vs. State of Delhi, (2022) 6 SCC 399, Dheeraj Bhadviya Vs. State of Rajasthan, (2022) 6 SCC 63 and Jarnail Singh Vs. State of Punjab, (Criminal Appeal No. 357/2022 decided on 7/3/2022).