BALWANT SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the impugned order and the challan papers as also the papers filed by the counsel for the petitioners.

(2.) I have carefully gone through the report dated 25.7.2005 lodged by Kesu Ram before the Station House Officer, Police Station, Begun. In that case, the statement of complainant-Kesu Ram was recorded by the police. I have carefully gone through the statement of Kesu Ram. In whole of his statement, he has not stated that he was abused indicating his caste by the accused in the public view. The only case, as set up by complainant-Kesu Ram is that the accused-petitioner-Balwant Singh owed a sum of Rs. 35.00 which he demanded and on being failed to pay by Kesu Ram, there were some altercations. No injury report has been placed on record. The petitioners were arrested u/s. 151 Crimial P.C. and produced before the Sub-Divisional Magistrate. However, after number of days, they were released on bail by the Sub-Divisional Magistrate. Thereafter complainant-Kesu Ram filed the instant FIR. There appears to somewhat contrary and added version in the FIR than what has come in his earlier statement.

(3.) Keeping in view the earlier statement of Kesu Ram recorded in the proceedings u/s. 151 Crimial P.C. relating to the same incident in which he has not stated that the accused-petitioners abused him indicating his caste, I think it just and proper to grant anticipatory bail to the petitioners. Accordingly, it is directed that in the event of arrest of petitioners-Balwant Singh S/o Anop Singb,Gopal Singh S/o Anop Singh and Anop Singh S/o Goverdhan Singh FIR No. 231/2005. Police Station, Begun, district Chittorgarh, they shall be released on bail for a period till the police concludes the investigation and files the challan, provided each of them furnishes a personal bond in the sum of Rs. 10,000.00 alongwith one surety of like amount to the satisfaction of the Investigating Officer on the following conditions :