1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. CRIMINAL MISC. BAIL APPLICATION NO. 6853/2009 Durga Shankar & ors. vs. State of Rajasthan Dated : 09.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. S.K. Gupta, for the petitioners. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. S.K. Gupta Advocate on behalf of the applicants pertaining to F.I.R. No. 135/2009 of police station Kapren, District Bundi in the offences 341, 323 and 34 of IPC. 2. Heard learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioners has canvassed that they have been falsely implicated in this case. The fact is that the complainant many a times, endeavoured to outrage the modesty of the petitioner's daughter. When he was intercepted, the crowd came forward and gave beating to Shambhu Kherwal, who sustained eight injuries on his person. Learned counsel has further contended that none of the injuries have been caused on the vital part of the body. Only injury No. 2 has been found to be grievous in nature but that is also on the palm of left hand. This case, however, does not travel beyond the offence under Section 325 of IPC, hence, they may be granted indulgence of anticipatory bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 2 5. Having considered the submissions made at the bar and perused the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view all the facts and circumstances, especially the injury report of Shambhu Kherwal, do deem it just and proper to grant indulgence of anticipatory bail to the petitioners, as none of the injury has been found to be on the vital part and life threatening and their bail petition deserves to be allowed. 6. Therefore, the SHO/I.O. Of the Police Station Kapren, District Bundi is directed that in the event of arrest of the petitioners namely Durga Shankar S/o. Duli Chand; Smt. Ramdhani W/o. Durga Shankar; and Smt. Kailash Bai W/o. Umakant in FIR No. 135/2009 registered in the offences under Sections 341, 323 and 34 of IPC, he shall enlarge them on bail provided they furnishe personal bond each in the sum of Rs.5,000/- with a surety bond each in the like amount, to his satisfaction on the following conditions:- (i) They shall make themselves available for interrogation by Investigating Officer as and when required: (ii)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; (iii)They shall not leave India without the previous permission of the Court. (iv)They will not commit any offence during the period of bail. (MAHESH BHAGWATI), J. Mak/- s-32