(1.) This is an application u/Sec. 439(2), Cr. P.C. by the complainant-injured and arises under following circumstances:
(2.) On June 30, 1996 the applicant lodged a report with the Police Station Kaman, Distt. Bharatpur, alleging therein that on that day at about 11.00 a.m. Madan Mohan Singhal, respondent No.2, led an unlawful assembly of a number of persons to her house, situated at Kama. This unlawful assembly was armed with weapon like lathis, stones, spears, etc. The members of that assembly, including Madan Mohan Singhal, respondent broke open the door; windows, etc. of the house of the applicant trespassed into the house, damaged valuable belongings of the applicant, belaboured her and other inmates of the house and finally looted some valuables and set certain documents on fire. The applicant was, at the relevant time the Chair-person of Municipality Kama. On the basis of this report Crime No. 120 of 1996 u/Secs. 395, 436, 452, IPC was registered at the police station and investigation was commenced.
(3.) During the course of investigation 28 persons co-accused in the case, applied to the learned Addl. Sessions Judge for bail u/Sec. 438, Cr. P.C. but their application was dismissed on 14-8-1996. Thereafter the said 28 persons approached this Court for anticipatory bail u/See. 438, Cr. P.C. in S.B. Cr. Misc. Bail Application No. 4400/96, Khem Chand & 27 Ors. v. State, but this Court too dismissed their application on 17-9-1996.