DR. SUSHIL GUPTA Vs. BAHADUR SINGH AND ORS

JUDGEMENT

(1.) The applicant has preferred this application under Sec. 439(2) Cr.PC seeking cancellation of bail granted to the respondent No.1 Bahadur Singh by this Court vide order dtd. 29/6/2018 in FIR No.295/2018 registered at Police Station Kotwali, Sawai Madhopur for the offences under Sec. 147, 148, 325, 341, 307 and 120B IPC.

(2.) The respondent-Bahadur Singh had applied for grant of anticipatory bail which was granted on 27/06/2018. It was submitted that the incident was wrongly stated in the FIR. There were cross FIRs registered and the injuries did not reflect the case under Sec. 307 IPC. Injuries were not specifically assigned to the said accused and there was no previous case pending against him. The main accused was Rajesh Mali. Taking into consideration above, the bail was granted.

(3.) Counsel for the petitioner submits that the respondent accused has grossly misled this Court and has concealed material facts due to which the bail was granted. It is submitted that the accused was the main person who had brutally assaulted Mr. Satish Sharma along with other persons causing fracture of the right hand bone and the injured had to undergo several injuries resulting in supplanting nails and plates. It is stated that there was no cross FIR registered and on the previous day i.e. 03/06/2018 the petitioner had lodged a complaint against the accused-respondent for causing nuisance pugilism in front of his nursing home and consuming liquor in front of nursing home by parking their vehicle. It is stated that the police authorities arrested the accused-respondent under Sec. 60 of the Police Act and also seized his vehicle. Next day, on 04/06/2018 the accused-respondent waylaid the petitioner and his compounder Satish Sharma while they were going for an evening walk and attacked them with the purpose to kill them. The petitioner ran away and saved himself, however, his compounder Satish Sharma could not save himself and was thoroughly beaten up with 'Lathies' and iron rods. Both Bahadur Singh and Rajesh Mali were involved in the incident and Bahadur Singh was the main accused. The bail application of Rajesh Mali had already been rejected by this Court and thus, there was a gross misrepresentation of facts and the bail granted to the accused-respondent, therefore, deserves to be cancelled. It is also stated that the accusedrespondent is also involved in another case under Sec. 365, 323, 379, 34 IPC registered at Police Station, Nainwa, District Bundi.