1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.13/2008 (Badrilal & Ors. vs. State of Rajasthan) DATE OF ORDER : February 08,2008 HON'BLE MR.H.R.PANWAR,J. Mr.J.S.Choudhary, for the petitioners. Mr.J.P.S.Choudhary, Public Prosecutor for State. Mr.Shamboo Singh, for the complainant. Heard learned counsel for the petitioners and the Public Prosecutor for the State assisted by counsel appearing for the complainant. Perused the order impugned and the police investigation diary. It is contended by the learned counsel for the petitioners that in the occurrence, petitioner No.4 Radhi suffered injuries at the hands of complainant party for which a report has been lodged to Superintendent of Police, Rajsamand against the complainant party of this case. It is further contended that no overt act has specifically been assigned to accused-petitioners. On perusal of the police investigation diary, it appears that petitioners No.2 Jawaharilal and No.3 Jagdish alleged to have been assigned role in causing injuries to Shankari. So far as other petitioners are concerned, there is no specific allegation against them and there being a cross-case. In my view, the 2 application filed by petitioners No.2 Jawaharilal and No.3 Jagdish deserves to be dismissed Accordingly, the bail application filed by petitioners No.2 Jawaharilal and No.3 Jagdish is dismissed. However, learned counsel for the petitioners submits that petitioners No.2 Jawaharilal and No.3 Jagdish would surrender before the Investigating Officer in early hours of the day. If the petitioners No.2 and 3 surrender before the concerned Investigating Officer in early hours of the day, the Investigating Officer shall produce them before the concerned Magistrate on the same day. However, having regard to the facts and circumstances of the case and the fact that no specific overt act has been assigned to petitioners No.1, 4 and 5, I consider it just and proper to grant anticipatory bail to them. Accordingly, the bail application filed by petitioners No.1 Badrilal, No.4 Radhi and No.5 Ramlal under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners No.1 Badrilal s/o Hariram, No.4 Radhi D/o Bherulal and No.5 Ramlal s/o Hazarilal in FIR No.318/2007, P.S. Railmagra , they shall be released on bail for a period till the police concludes the investigation and files the challan provided 3 each of them 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 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 No.1, 4 and 5 shall surrender before the trial court on the date of filing of the challan. (H.R.PANWAR),J. m.asif/-