1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7470/2010 Amarwati & Anr. Vs. State Date of order : 18/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri V.S. Fauzdar for the petitioners. Shri Laxman Meena, P.P. for the State. Shri B.S. Kachhawa for the complainant. ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me. Contention of the learned counsel for the petitioners is that petitioners are both women aged 30 and 27 years of age respectively. They have been falsely embodied as accused in the present case because twenty persons of their family were made accused. There were four injured on the side of the complainant- respondent, of which one Ms. Uganti died, whereas there are seven injured on the side of accused party, one of whom have received grievous injury. Petitioner no.1 Amarwati is mother of two small children and petitioner no.2 Pushpa is mother of six months old child. There is no role assigned to them except that they have been named among other accused. The allegation against them is totally false because all other members of the family have been implicated in this case. The five accused, who were arrested have already been enlarged on bail u/s.439 Cr.P.C. Learned Public Prosecutor and learned 2 counsel for the complainant have opposed the bail application. Having regard to the submissions made at the bar, the nature of accusation against the petitioners, the materials collected so far during the course of investigation and all other facts and circumstances of the case, I deem it just and proper to grant the indulgence of pre-arrest bail to the petitioners. In the result, this bail application u/S.438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners (1) Amarwati W/o Angad and (2) Pushpa W/o Vijay in FIR No.71/2010, P.S. Weir, District Bharatpur for offences under Sections 147, 148, 149, 323, 307, 325, 452 and 302 of IPC, they shall be released on bail by the concerned SHO/Investigating Officer, provided each of them furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each to his satisfaction on the following conditions: - 1) that the petitioners shall make themselves available for interrogation by a police officer as and when required; 2) that the petitioners 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 them from disclosing such facts to the court or any police officer; and 3) that the petitioners shall not leave India without previous permission of the Court. (MOHAMMAD RAFIQ), J. RS/