31/10/2011 Shri Rajesh Shukla, Advocate for the applicant. Smt. Sangeeta Pachauri, Public Prosecutor for the respondent- State. Heard. Perused the charge-sheet papers. This is third application under Section 438 of Cr.P.C. filed on behalf of applicant for grant of anticipatory bail. First application was dismissed as not pressed in M. Cr. C. No. 4338/2010 vide order dated 25/08/2010. Second application was disposed of in M. Cr. C. No.7426/2010 vide order dated 4/8/2011 with a direction that if applicant surrenders before trial Court and moves application for regular bail, that is to be considered expeditiously, on merit as per law. This bail application has been filed on the ground that Court has taken cognizance against applicant under Section 319 of Cr. P.C and arrest warrant has been issued against him. Applicant is apprehending his arrest in connection with Crime No.266/2010 registered at police station Dabra, District Gwalior for the offences punishable under Sections 304-B, 498-A, 302 of IPC and Sections 25, 27 and 30 of Arms Act. As per prosecution case, applicant is father-in-law of deceased Deepti. Applicant and co-accused used to harass and torture her with respect to demand of car. On the date of incident, i.e. on 3/4/2010, co-accused Ranjeet fired a gunshot at deceased Deepti on the instigation of present applicant and killed her. It is contended by learned counsel for the applicant that applicant has never harassed and tortured the deceased with respect to demand of car. It is further submitted that as per post mortem report, death of deceased is caused due to gunshot injury which is attributed against co-accused Ranjeet. Only allegation against applicant is that on the instigation of applicant, co-accused Ranjeet fired a gunshot at deceased. It is not alleged that applicant has caused any injury to the deceased. It is further submitted that applicant is suffering from hypertension and heart disease. He is falsely implicated in the case. Applicant is permanent resident of village Aaru and there is no chance of his absconding. He is ready to face the trial and ready to abide by all the conditions to be imposed by this Court. On these grounds, prayed for grant of anticipatory bail. Certain medical prescriptions have been filed in support of the contention. 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 personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties (one local surety) in the like amount to the satisfaction of the trial Court, for his regular appearance before the 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/-