MOHAMMED ISHAQ AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 438, Cr.PC. by the petitioners. It is the case set out by the petitioners that they apprehend arrest by the police in connection with FIR filed by complainant Yunus Tak with Kotwali Police Station, Bikaner alleging offences under Sections 452, 323, 147, 148, and 149, I.P.C. The complainant is carrying on business of the sale of liquor at his shop in the close vicinity of the temple of Lakshminath ji. Learned counsel for the petitioners states that irony is that the complaint has been filed by the liquor shop owner to harass the citizens of the area and the local inhabitants are facing hoodlamism indulged by the wine shop-keeper.

(2.) It is contended by learned counsel for the petitioners that the locality in which the petitioners are living is thickly populated place of the city and the mohalla residents have filed representation to the authorities for checking the nefarjious activities of the anti-social elements In the area and, therefore, to disgrace the residents in the area the liquor vendor has filed this false FIR. Learned counsel for the petitioners contends that the local police are sheltering the wine shop-keeper and in the locality there is terror of the complainant and wine consumers. He states that it has become difficult for women and children to step out on road after dusk. Learned counsel for the petitioners contends that the teenagers are being victimised at the hands of the wine shop owner. It is submitted that the representations of the local residents have not been considered by the authorities and,on the contrary, false FIR has been filed against, the petitioners to terrorise them not to interfere in the liquor business in the locality.

(3.) In this case, vide order dated 10.2.2006, while issuing notice to the Superintendent of Police, Bikaner it was desired that action taken upon the representation of the residents may be apprised to the Court along with necessary report and norms/parameters laid down for permitting sale of liquor in a particular area. In pursuance of the said direction, learned Public Prosecutor submits an additional affidavit of deponent Sumer Singh, Sub Inspector, Police Lines, Bikaner along with certain documents.