1 04/11/2011 Shri Pradeep Katare, Advocate for the applicant. Shri B. K. Sharma, Public Prosecutor for the respondent/ State. Considering the reasons assigned in the application, I. A. No. 11727/2011, an application for urgent hearing is allowed. Perused documents available on record. Heard on this first application under Section 438 of Cr.P.C. filed on behalf of applicant Premnarayan, who is apprehending his arrest in connection with Crime No.57/2009 registered at police station Pawai, District Bhind for the offences punishable under Sections 302, 147, 148 and 149 of IPC. As per prosecution case, on 09/09/2009, applicant and co- accused in furtherance of their common intention, fired gunshots at deceased Durjan Singh and committed his murder. It is contended by learned counsel for the applicant that as per FIR and statements of witnesses recorded under Section 161 of Cr. P. C. there are two eye-witnesses of the incident, namely, Hanuman Das and Baby Chauhan. As per statement of eye-witness Baby Chauhan, co-accused Surendra fired gunshot at deceased Durjan Singh which hit him and thereafter second fire was caused by co-accused Narendra at the deceased. Thereafter, deceased fell down. Applicant and co-accused then fired gunshots at the deceased. It is submitted that in post mortem report of the deceased, only two firearm injuries have been detected on the body of deceased which are attributed against co-accused Surendra and Narendra. It is further submitted that though complainant Hanuman Das has stated that applicant has fired 2 gunshot at deceased but specific allegation of firing gunshot at deceased which hit him, is against co-accused Surendra and Narendra as per statement of other witness Baby Chauhan. Charge- sheet has already been filed. It is further submitted that co-accused Ramdhun and Ramesh Sharma have been enlarged on bail by this Court in M. Cr. C. Nos. 2821/2011 and 3860/2011 vide order dated 12/09/2011 and 14/09/2011. Case of present applicant is akin to that of co-accused. On these grounds, prayed for grant of anticipatory bail. Learned Public Prosecutor for the respondent/ State opposed the application and prayed for its rejection. Considering the facts and circumstances of the case but without expressing any opinion on the merit of the case, this application is disposed of with a direction that if applicant surrenders himself before concerned trial Court, then he be released on bail, on his furnishing a personal bond in the sum of Rs.80,000/- (Rupees eighty thousand only) with two local sureties of Rs.40,000/- (Rupees forty thousand only) each to the satisfaction of trial Court, for his regular appearance before concerned Court during trial. He shall also comply with the conditions as enumerated under Section 437(3) of Cr.P.C. A copy of this order be sent for compliance to the concerned Court. CC as per rules. ( Indrani Datta) Judge mkb/-