BHOPALSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS , is an application for, the grant, of anticipatory bail filed by Bhopal Singh son of Guman Singh, and Bhanwar Singh son of Prabhu Singh, who haw reasons to believe that they may be arrested on accusations of having committed offences under Sections 147, 148, 149, and 307 I.P.C,

(2.) A first information report was lodged on May 28, 1978 against them and three others by Jas Raj s/o Bhairon Singh of Sheotalab stating that when he one Harilal resident of Sheotaiab were standing in front of Anop Mandir, bus Stand of Mundara, at about 1.30 p.m. Ranjeet Singh son,of Bhopal Singh, Bhanwar Singh son of Prabhu Singh, Bhppalsingh s/o Adrin and Bhopal Singh son of Guman Singh came near them and they were armed with weapons. Ranjeet Singh had a 'Kulhari' in his hand, where as Bhanwar Singh had a 'Dharia'and the remaining three persons had lathis in their hands. They came there with an intention to. kill Hari Lal and attacked him The complainant, Jas Raj, after going at some distance cried and there after from the side of the hotels, Jai Singh and Sardar Singh came running, The complainant, snatched the 'kulhari' from the hand of Ranjeet Singh. HariLal, who was in a serious condition, was taken to the hospital at Sadri. On inquiry, the complainant told that Ranjeet Singh and Bhanwar, Singh (petitioner) inflicted injuries on Hari Lal and the other aforesaid three person including the petitioner Bhopal Singh beat him with lathis with an intention to kill Hari Lal. It was also mentioned in the first information report that these five persons had an intention to kill Hari Lal as they had enmity with him. The 'kulhari' which was snatched, was also produced by the complainant before the police at the time of lodging the first information report. Bhikam Chand, Station House Officer, Sadri registered the carse as aforesaid. The first information report was read before me by the learned counsel for the petitioners. Along with the application under Section 438, Cr. P.C. injury and X ray reports were also submitted by the petitioners. Eight injuries were inflicted on the person of flari Lal, out of which four are incised wounds and four are abrasions It has been mentioned in the injury report that four injuries were caused by sharp -edged weapon and the other injuries were caused by blunt weapon X -ray report shows (hat there is a hairline fracture at the lower end of the left radius and, in the opinion of the Doctor, as mentioned in the report, injury in the lower end of the left forearm (wrist) was grievous. Shri Dinkar Lal Mehta appearing on behalf of Sohan Singh submitted on 21st June, 1978 copies of five affidavits of (1) far Singh (2) Sohan Singh, (3) Sardar Singh, (3) Jas Raj and (5) Bhikam Chand which were submitted before the Sessions Judge Pali, with a prayer that they may be treated as part of the record of the case.

(3.) That mere general allegations of malafides in the petition are inadequate, and the Court must be satisfied on material before it that the allegations of malafides are substantial and the accusation appears IO be false and groundless. 4. In Moh in Khodia v. The State of Rajasthan 1977 RLW 258, it has been observed that the petitioner is required to make out a special case for the issuance of a direction under Section 438, Cr. PC. The following portion from the above judgment may usefully be extracted here: