Cr Bail 61/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Cr. Misc. Bail Appl. No.61/2008 Smt. Resham Gurjar Versus State 2-Cr. Misc. Bail Appl. No.62/2008 Vijendra Gurjar & (3) Ors. Versus State. Date of Order ::: 27/02/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Suresh Sahni, for applicants. Mr. RP Kuldeep Public Prosecutor for State Ms. Swati Bhati, for complainant Heard learned counsel for the petitioner as well as for the applicants and the learned Public Prosecutor and perused the material/record made available at the time of arguments. Counsel for applicants inter-alia submits that in the FIR registered at the behest of complainant Rambilas (husband of injured Uganti), accused Mahendra has been named for inflicting blow by sharp edged weapon on her head while during investigation, in statement of injured Uganti recorded U/s 161 CrPC, injury on her head was assigned by her to Kumbharam by lathi; as such their statements do not corroborate and that apart, cross FIR has also been registered by accused party also, in which accused Kumbharam is also one of the injured. Counsel also submits that other accused persons have been falsely implicated and are not named and connected with commission of alleged offence; Cr Bail 61/08 //2// and as regards applicant (Smt.Resham) in Cr. Misc Bail Appl. No.61/08, she is female and no overt- act has been attributed to her in any manner or for active participation in the commission of offence. Per contra, Counsel for complainant and learned Public Prosecutor jointly submit that injured Uganti in her statement recorded U/s 161, CrPC, specifically alleged blow on her head assigning to Kumbharam, which is corroborated by her injury report, as well. Counsel further submits that as regards other accused persons, they have been specifically named and have actively participated in commission of offence. Taking into consideration all the facts and circumstances appearing in statements recorded U/s 161 CrPC about Kumbharam being named by injured Uganti and her injury report which depicts injury No.2 on her head, but without expressing any opinion on merits of the case, I allow pre-arrest bail application of applicant (Smt. Resham) in Cr.Msc.Bail Appl.No.61/08 and the applicants (except Kumbharam) in Cr.Msc.Bail Appl.No.62/08 U/s 438 Cr.P.C. Therefore, the SHO/IO of Police Station Manpur (Dausa) is directed that in the event of arrest of the applicants ((1) Vijendra Gurjar; (2) Mahendra & (3) Surendra and (4) Smt. Resham) Cr Bail 61/08 //3// in FIR No.179/2006 for alleged offences, he shall enlarge each of them on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties each of Rs.25,000/- to his satisfaction on the following conditions: (i) They shall make themselves available for interrogation by Investigating Officer as and when requires; (ii) they shall not directly 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. However, application of Kumbharam is hereby dismissed and if he surrenders before the trial Judge, his bail application shall be simultaneously considered. (Ajay Rastogi), J. K.Khatri/p.361CrBail08-38.doc