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2008(1) Crimes 761 (Raj.)
RAJASTHAN HIGH COURT
Raghuvendra S. Rathore, J.
Mukharam & Anr. —Petitioners
versus
The State of Rajasthan —Respondent
S.B. Crl. Misc Bail Application No. 8221 of 2007
Decided on 11-12-2007

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Praveen Balwada, Advocate.
For the Respondent: Mr. Jinendra Jain, Public Prosecutor

Headnote:Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Main allegation of inflicting injury on head of victim was against co-accused—Fit case to allow anticipatory bail to petitioners. (Paras 2 & 3)

       Result: Petition allowed.

ORDER

Raghuvendra S. Rathore, J.—Heard learned counsel for the petitioners and learned Public Prosecutor for State and also perused the material on record.

2. I have taken into consideration the First Information Report as well as the order of rejection, passed by the learned Court below on 16.11.2007. In this case, the main allegation appears to be against Manveer @ Mintu, who was inflicted injury on the head of Suman.

3. Without expressing any opinion on the merits of the case and taking into consideration the overall facts and circumstances of the case, I deem it just and proper to grant indulgence of anticipatory bail to the petitioners under Section 438 Cr.P.C.

4. The SHO/IO/Arresting Authority, Police Station Mundawar, District Alwar, in FIR No. 249 of 2007 is directed that in the event of arrest of the petitioners No. 1 Mukharam S/o Shri Dodraj and (2) Maniram @ Billu S/o Mahendra Singh, shall be granted bail provided they furnish a personal bond in the sum of Rs. 50,000 together with two sureties in the sum of Rs. 25,000 to his satisfaction on the following conditions:

(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 as to dissuade them from disclosing such facts to the Court or any police officer, and

(c) that the petitioners shall not leave India without previous permission of the Court.

Petition allowed.

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