1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.884/2008 (Heera Ram vs. State of Rajasthan) DATE OF ORDER : February 28, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.I.R.Choudhary, for the petitioner. Mr.L.R.Upadhyay, Public Prosecutor for State. Heard learned counsel for the petitioner as well as the Public Prosecutor for the State. Perused the order impugned as also the FIR No.09/2008, Police Station, Bhopalgarh. It is contended by learned counsel for the petitioner that so far as injury to finger of Smt. Dholi is concerned, it has been assigned to co-accused Madan Lal, who alleged to have been armed with “Farsi”. So far as petitioner is concerned, he was armed with “Lathi”. According to the prosecution case, the occurrence took place outside the house of the complainant. The injuries caused to the injured persons are on non-vital parts, which are simple in nature by blunt object and both the injuries have been assigned to many persons. There is a cross- case being FIR No.10/2008, Police Station, Bhopalgarh, in which one of the accused Om Prakash suffered an incised wound on left fronto parietal region of the scalp at the hands of the complainant party and other persons viz. Mehram Ram and Naina Ram also suffered injuries in the cross-case. So far as offence under section 326 I.P.C. is concerned, it has been alleged against co-accused Madan Lal. 2 Be that as it may, without commenting on the merit of the case and having regard to the facts and circumstances of the case, I consider it just and proper to grant anticipatory bail to the petitioner. Accordingly, the bail application filed by the petitioner under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Heera Ram s/o Girdhari Ram in FIR No.09/2008, P.S. Bhopalgarh, he shall be released on bail for a period till the police concludes the investigation and files the challan provided he furnishes a personal bond in the sum of Rs.10,000/- along with one surety of like amount each to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:- (i)That he shall make himself available for interrogation by a police officer as and when required; (ii)That he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and; (iii)That he shall not leave India without the previous permission of the Court. The petitioner shall surrender before the trial court on the date of filing of the challan. (H.R.PANWAR),J. m.asif/-