1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 264/2008 (Madar Hussain & Ors. Vs. State of Rajasthan) DATE OF ORDER : 06/02/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Hemant Dutt for the petitioners. Mr. J.P.S.Choudhary, Public Prosecutor for State. Heard learned counsel for the petitioners and Public Prosecutor for the State. Perused the order impugned and police investigation diary. Learned counsel for the petitioners has placed on record the affidavit compromising the matter filed by Aslam. Learned public prosecutor submits that injured Aslam has not suffered any injury as per police investigation diary. It is contended by learned counsel for the petitioners that the petitioners lodged a first information report against Aslam and others being FIR No. 627 on 25.10.2007 for the offences under Sections 307, 336 and 323/34 IPC and Section 3/27 of the Arms Act and he has been found accused in that case. After a period of more than a month i.e. on 27.11.2007, a first information report has been lodged by Aslam without having suffered any injury. Be that as it may, the petitioners lodged the FIR and suffered numerous injuries. The treatment record of Satguru Pratap Singh Apollo Hospitals is placed on record showing numerous injuries suffered by the petitioner. At any rate, Aslam has not suffered any injury as also compromised the matter. In the circumstances, therefore, looking to the facts and circumstances of the case, having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I consider it just and proper to allow the bail 2 application filed by the petitioners under Section 438 Cr.P.C. Accordingly, the bail application filed by the petitioner u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Madar Hussain S/o Shaukin Mohd., Salim S/o Shaukin Mohd., Shambhu Hussain S/o Shaukin Mohd., Ashraf S/o Shaukin Mohd. and Shaukin Mohd. S/o Gani Mohd. in FIR No. 672/2007 P.S. Hanumangarh Town, district Hanumangarh, they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- alongwith one surety of like amount 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 they shall make themselves available for interrogation by a police officer as and when required; (ii)That they 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 they shall not leave India without the previous permission of the Court. The petitioners shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp