1 60 S.B. CRIMINAL MISC. BAIL APPLICATION NO. 5515/2009. Harbans Kaur & Anr. Vs. The State of Rajasthan .... 67 S.B. CRIMINAL MISC. BAIL APPLICATION NO. 5582/2009. Sukhdev Singh Vs. The State of Rajasthan ... Date of Order :: 6th November 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. R.S. Gill ] Mr. Rakesh Matoria ], for the petitioners. Mr. Mahipal Bishnoi, Public Prosecutor. ... These two bail applications, being related to the same FIR bearing number 236/2009, Police Station Lalgarh Jatan, District Sriganganagar have been considered together; and are taken up for disposal by this common order. The FIR aforesaid has been registered on the basis of a report said to have been drawn by Madan Singh, Sub- Inspector of Police at about 09:00 a.m. on 11.10.2009 stating that an information was received about certain persons belonging to Bawari community having gone to the house of Sukhdev Singh to sell the meat of antelope and those persons having killed the animal in the area of police station Lalgarh Jatan whereupon the complainant, with other members of the police party, reached the house of Sukhdev Singh who allegedly stated that Sarjeet Singh son of Kartar Singh Bawari came to his house at about 5'O Clock in the morning for selling 2 1½ kilograms of meat but went away for the people of the village having woken up. According to the complainant, Sukhdev Singh suggested that he could identify the place of residence of Sarjeet and then, at a particular Dhani at Chak 13 SPS, did identify one person as Sarjeet; that when the facts were being enquired from Sarjeet, two-three ladies from the house came charging upon the police party with dagger and lathies and in the meantime, Sarjeet Singh ran away; that certain pieces of meat were found in the Dhani and when those ladies were questioned about, they entered into altercation with the police party and then, according to the allegations, a girl caught hold of the dress of Dungarmal, ASI and then, attempted to threaten with the dagger and thereafter, the said girl inflicted self-injuries upon her leg and arms and the other lady charged upon Chhinderpal, Constable and Dungarmal, ASI with lathi. It is alleged that these ladies are guilty of offence under Section 9/51 of the Wild Life (Protection) Act and Sections 332, 353, 224, 225 IPC. It is suggested that during the course of investigation in this matter, Sukhdev Singh was also arrested and from the information allegedly given by him, 1½ kilograms of cooked meat was recovered from his house on 11.10.2009 at about 12:45–01:30 p.m. It is submitted that the petitioners Harbans Kaur and Bassi Kaur have unnecessarily been sought to be implicated in the present case and the accusation against them is nothing 3 but of concocted story. It is submitted that the allegations of the petitioner Bassi Kaur having inflicted injuries upon herself is on the face unbelievable and no further purpose would be served by detention of these ladies who are in custody since 11.10.2009. It is submitted on behalf of the other petitioner Sukhdev Singh that in fact he was the person who took the police party to the place of the persons seeking to supply the meat and conversely, he has been sought to be implicated without any reason or justification and, if anything at all was to be recovered from this petitioner, such recovery could have been made in the very first instance when the complainant and the police party did visit his house in the early morning hours. The learned Public Prosecutor has opposed the bail application with the submissions that the allegations against the petitioners are of serious nature. The matter being at the initial stage, this Court would not like to make any comments on the merits but looking to the nature of accusations; the injuries on the person of the petitioner Bassi Kaur, regarding which, though, the Medical Officer seems to have readily suggested the opinion even while drawing the injury report that 'possibility of fabrication cannot be ruled out'; and then, looking to the implication of the petitioner Sukhdev Singh on the basis of alleged recovery of cooked meat at about 1:00 p.m., i.e., after the happening of the other incident involving the said ladies; and looking to the overall circumstances, even when the other accused Sarjeet 4 has not been arrested yet, so far the present petitioners are concerned, there does not appear any justification to continue with their further detention. Accordingly, these bail applications under Section 439 Cr.P.C. are allowed and it is directed that the petitioners Harbans Kaur W/o Kartar Singh Bawari, Bassi Kaur @ Basso Kaur D/o Kartar Singh Bawari (Bail Application No. 5515/2009) and the petitioner Sukhdev Singh S/o Sarwan Bawari (Bail Application No.5582/2009) be released on bail in relation to FIR No. 236/2009, Police Station Lalgarh Jatan, District Sriganganagar provided each of them executes a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sound and solvent sureties in the sum of Rs. 5,000/- (Rupees Five Thousand) each to the satisfaction of learned Trial Court for their appearance before that court on each and every date of hearing and whenever and wherever called upon to do so till the completion of trial. (DINESH MAHESHWARI), J. /Mohan/ 5 67 S.B. CRIMINAL MISC. BAIL APPLICATION NO. 5582/2009. Sukhdev Singh Vs. The State of Rajasthan Date of Order :: 6th November 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Rakesh Matoria, for the petitioner. Mr. Mahipal Bishnoi, Public Prosecutor. ... This bail application stands allowed. (Vide common order made in S.B. Criminal Misc. Bail Application No. 5515/2009 : Harbans Kaur & Anr. Vs. The State of Rajasthan). (DINESH MAHESHWARI), J. //Mohan//