S.B. CRIMINAL MISC. BAIL APPLICATION NO. 3755/2008 Bhagwan Singh vs. The State of Rajasthan Date of Order: 28/05/2008 HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE Mr. Suresh Dhenwal, for the applicant. Mr. R. P. Kuldeep, Public Prosecutor. Heard learned counsel for the parties. I have perused the First Information Report reproduced in the bail application and also the rejection order passed by the learned court below on 17.05.2008. The incident, in this case, had taken place on 30.05.2007 and a report came to be lodged by Vishal Singh, Assistant Sub Inspector, Roopwas, District Bharatpur. After the investigation, challan came to be filed against four persons, namely, Arjun Singh, Raja Ram, Laxman and Kailashi. The bail applications of Raja Ram, Laxman and Arjun Singh came to be considered by this Court on 13.11.2007 and after perusing the evidence on record filed along with the challan against the said persons, the following order was passed: “The incident in this case had taken place on 31st May, 2007, when about 300 to 400 persons raising slogans in respect of Gurjar reservation, came armed with various weapons like Lathi, Gun, Desi Katta, Farsa. They had also raised slogans against the police personal and they instigated to burn the police out post. Thereafter accused persons had set fire to the police out post Rudawal and burnt, Motorcycle, many other articles. The record of the police out post was burnt down and other articles like Car etc were robbed and large scale damage was caused to the public property. A report with regard to the aforesaid incident was then lodged by Vishal Singh, ASI, incharge of police out post, Rudawal. Thereafter the investigation commenced and evidence was recorded by the investigating agency. The statement under Section 161 Cr.P.C. of the eye witnesses like Dharampal Singh Jat, Ranbir Singh Jat etc. were recorded. The petitioners were then arrested and they moved an application for bail before the Special Judge, Decoity effected area, Bharatpur but the same was rejected. Hence, this application before this Court. I have taken into consideration the facts and circumstances of the case and also perused the evidence on record filed along with challan. There are allegation against the petitioner for causing damage to the public property and also taking law in their own hand.” Consequently, the bail applications of Arjun Singh, Laxman and Raja Ram were dismissed. Subsequently, the bail applications of Raja Ram and Laxaman were filed and a Co-ordinate Bench of this Court, by its order dated 17.12.2007, allowed the bail applications and the order says thus, “After having considered submissions made before me, on perusal of the impugned order and without expressing the opinion on the merits of the case, I deem it proper to allow the application for bail moved by the applicant under Section 439 Cr.P.C.” It appears that the fact of the dismissal of the bail applications of the accused persons earlier on 13.11.2007 was not brought to the notice of the Co-ordinate Bench. Moreover, the fact is that in respect of the impugned orders passed by the court below, this Court had already dismissed the application on 13.11.2007 and it is apparent from the record that there was no order of rejecting bail was passed later by the court below when High Court passed the order on 17.12.2007. The present petitioner had been arrested only on 05.05.2008, while first challan was filed on 31.08.2007. The investigation was kept pending against the remaining accused persons. Therefore, the investigation against the present petitioner remains to be concluded. It is to be noted that another report (255/07) was registered against the petitioner, of similar offence, when he and his companions had burnt down a branch office of the Punjab National Bank at Rudawal on 30.05.2007. In view of the aforesaid facts and circumstances, I do not consider it just and proper to enlarge the petitioner on bail. Consequently, this bail application is dismissed. (RAGHUVENDRA S. RATHORE),J. tikam/-Jr.P.A. Item no. S-13