KALU & ORS. Vs. STATE

JUDGEMENT

(1.) It is contended by the learned counsel that all the injuries sustained by the Constables were simple in nature and some of the co-accused have been given the benefit of bail under section 439, Crimial P.C.

(2.) So far as the petitioners - Motilal s/o Shri Sukhlal, Deva s/o Shri Sukhlal and Ramcharan s/o Shri Deva are concerned, the injured Rajendra Kumar has expressly stated that they assaulted him and caused injuries with lathi. I am, therefore, not inclined to grant pre-arrest bail under section 438 Crimial P.C. to them and their bail application is being rejected. However, they may surrender before the competent court and move an application under section 437/439, Crimial P.C.

(3.) The case of the petitioners - Kalu s/o Shri Sukhlal and Ramlal s/o Shri Deva is distinguishable and there is no mention in the FIR that any one of them caused any injury to Rajendra Kumar and Abdul Wahid. They may, therefore, be given the benefit of pre-arrest bail under section 438, Crimial P.C. It is, therefore/directed that, in the event of arrest of petitioners - Kalu s/o Shri Sukhlal and Ramlal s/o Shri Deva, in FIR NO. 115/93, Police Station, Jawar, District Jhalawar, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 5,000.00 (Rupees five thousand only) with one surety in the like amount each to the satisfaction of the SHO/IO, Police Station, Jawar (Jhalawar), subject to the following conditions:-