S.B.Criminal Misc. Bail Application No. 7170 of 2009 Bhoma Ram and others. vs. State of Raj. ---- 30.9.2009 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Deepak Soni, for Mr. Praveen Balwada for the petitioners Mr. G.S.Faujdar, Public Prosecutor. Mr.S.S.Sunda, for the complainant --- Heard learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel for the complainant. The learned counsel for the accused petitioners submit that he does not press application for anticipatory bail on behalf of Bhomaram. He is permitted to do so. The bail application of Bhomaram is dismissed as withdrawn. The learned counsel for the accused petitioners submit that so far as accused petitioners Rohitash, Babulal and Kailash are concerned it is contended that they have been falsely implicated in the case and they are not the author of the grievous injuries caused to the injured and they have lodged cross case against the complainant party for which FIR No.317 of 2009 was lodged and thereafter the complainant party lodged the FIR No.318 of 2009 against the accused petitioners and others and they are all family members. Perused the case diary and other relevant documents placed before me. Without expressing any opinion on the merits of the case, at this stage, I deem it just and proper to grant anticipatory bail to the accused petitioners Rohitash, Babulal and Kailash under section 438 Cr.P.C. In the result, this application under section 438 Cr.P.c. is allowed and it is directed that in the event of the arrest of the petitioners namely Rohitash son of Bhomaram, Babulal son of Bhagirath -2- and Kailash son of Bhagirath in F.I.R. No. 318 of 2009 Police Station Bansur District Alwar they shall be released on bail by the concerned SHO/ Investigating Officer, provided they shall submit pesonal bond in the amount of Rs. 25,000/- with two sureties in the amount of Rs. 12,500/- each to the satisfaction of SHO/ Investigating Officer, Arresting Officer of the concerned police station, on the following condition : a)that the petitioners shall make themselves available for interrogation by a police officer as and when required; b) that the petitioners 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; c) that the petitioners shall not leave India without the previous permission of the court. d) That the petitioners shall not commit any offence similar in nature to the offence of which they are accused. (Mahesh Chandra Sharma) J. OPPareek/