BAHADUR SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) These two criminal misc. applications for cancellation of bail under section 439(2) Cr.RC. have been filed by the complainant applicant against the order dated 24.10.2013 passed by this court in S.B. Cr. Misc. Bail Application No. 10205 of 2013 filed by accused respondent Sahab Singh and against the order dated 18.10.2013 filed by the accused respondents Udai Bhan and Gyan Singh in FIR No. 93/2013 registered at Police Station Diholi, District Dholpur initially for offence under section 143, 323, 341, 336, and 379 IPC. During investigation the police added offence u/s. 307 IPC and section 3/25 of the Arms Act and this court allowed the bail applications of the accused respondents in both the bail applications under section 439 Cr.PC. and released them on bail. As both these applications for cancellation of bail relate to FIR No. 93/2013 registered at Police Station Diholi, District Dholpur against the orders releasing the accused respondents on bail, they are being disposed by this common order.

(2.) Facts as alleged in Criminal Misc. Cancellation Bail Application No. 12333 of 2013 are that on 20.9.2013 the complainant lodged a written report against the accused respondent and other accused persons at Police Station Diholi District Dholpur with regard to an incident that that taken place on 19.9.2013 where the accused persons including the accused respondent rave given severe beating to the complainant and his family members and caused fire arm injury to brother of the complainant Gutti. On the basis of the report the police registered a criminal case bearing FIR No. 93/2013 initially for offence under sections 143, 323, 341, 336 and 379 IPC and investigation commenced. During investigation the police found prima facie case against the accused respondent and other accused persons and added offence under section 307 IPC and section 3/25 of the Arms Act. After their arrest the accused respondents moved common bail application under section 439 Cr.RC. before the Sessions Judge, Dholpur. The Sessions Judge heard the arguments and vide order dated 11.10.2013 rejected the common bail application of the accused respondents holding that in the factual rep submitted by the SHO along with case diary the offence under sections 3 34, 307, 34 IPC and section 3/25 Arms Act is found prima facie proved a also held that as per the criminal record produced by the SHO three criminal cases are pending against the accused respondent Bahadur Singh.

(3.) While the above bail application of Sahab Singh was pending accused persons Udaibhan and Gyan Singh were granted bail by the order this court dated 18.10.2013. The order dated 18.10.2013 reads as under: