SUSHIL & ORS Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioners Shri Shah, learned Public Prosecutor and Shri Ravi Bhansali, learned Sr. Counsel assisted by Shri Vipul Dharnia, learned counsel representing the one Shri Kuldeep Jain. Perused the impugned order dated 29.12.2017 as well as the FIR.

(2.) The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioners who are in custody in connection with F.I.R. No.579/2017, registered at Police Station Pratap Nagar, Udaipur for the offences under Sections 143 , 332 , 353 , 393 read with Section 149 IPC and Section 3 of the PDPP Act. Shri Shah urges that ex-facie the allegations levelled in the FIR are false and fabricated. The petitioners were bonafide raising construction on their own land. One Kuldeep Jain, at whose instance the police party has acted in this case, bears grudge against the petitioners and is trying to oust them from the land in question. He used his influence and managed to call the police party at the scene of occurrence without any information of any cognizable offence having been registered in relation to the plot in question. The police party unjustly restrained the petitioners from raising construction on their own land. The petitioners acted in a bonafide manner and tried to move away from the spot, but they were pursued and were brought back to the plot in question. The police party tried to thrash the petitioners in public, on which they resisted. Thereafter the above-mentioned FIR came to be registered against the petitioner with absolutely false and fabricated allegations for ulterior motive and at the instigation of said Kuldeep Jain. He thus urges that the petitioners, who are totally innocent and have been falsely implicated in this case, deserve to be released on bail.

(3.) On the other hand, learned Public Prosecutor and Mr. Ravi Bhansali, learned Senior Counsel, representing Kuldeep Jain, vehemently opposed the submissions advanced by the petitioners' counsel. They urged that the petitioners were raising illegal construction on the plot in question. Shri Kuldeep Jain, who owns the plot, tried to stop them upon which, the petitioners created a ruccus, which could have resulted into breach of peace. Police was informed and who tried to intervene so as to prevent an unsavory situation being created. The petitioners assaulted the policemen who were discharging their official duties. They even tried to loot the weapons of the policemen. On these grounds, they tried to oppose the bail application submitted on behalf of the petitioners.