1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. CRIMINAL MISC. BAIL APPLICATION NO. 6381/2009 Smt. Geeta Devi & Anr. vs. State of Rajasthan Dated : 20.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Rohan Jain, for the petitioners. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Rohan Jain Advocate on behalf of the applicants pertaining to F.I.R. No. 469/2009 of police station Kotwali, District Baran in the offences under Sections 452 and 323/34 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 both the complainant and the petitioners are in relation to each other. A bare perusal of the FIR does not reflect that the petitioners has committed any offence under Section 452 of IPC. It is no where alleged by the complainant that the petitioners while committing house trespass were armed with weapons. Petitioners are alleged to have given beating with the fists and legs, hence, the petitioners may be granted anticipatory bail. 4. Learned Public Prosecutor appearing for the State has fairly conceded that the petitioners are not found to have been armed with weapons when they entered in the house. 2 Hence, the most crucial ingredient 'having made preparation for causing hurt' is missing in toto. 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, feel that it is a fit case wherein petitioners can be granted anticipatory bail and the bail petition is ordered to be allowed. 6. Therefore, the SHO/I.O. Of the Police Station Kotwali District Baran is directed that in the event of arrest of the petitioners namely Smt. Geeta Devi W/o Sh. Ramavtar Gupta; and Smt. Smita @ Deepa W/o. Vikas Goyal in FIR No. 469/2009 registered in the offences under Sections 452 and 323/34 of IPC, he shall enlarge them on bail provided they furnish a personal bond each in the sum of Rs.2000/- 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-44