1. - The present anticipatory bail application under Section 438 Criminal Procedure Code has been filed on behalf of the petitioner apprehending his arrest in connection with F.I.R. No. 71 of 2012 registered at the police Station, Kolwa, District, Dausa, for the offence under Sections 43, 323, 341 and 308 I.P.C.

2. Heard learned counsel for the petitioner and the learned Public Prosector and perused the case diary.

3. Learned counsel for the petitioner contends that there are cross cases inter-se between the parties. He submits that some persons from the side of petitioner have also received injuries including the head injury received by Smt. Kesari Devi. Learned counsel for the petitioner further submits that the case against the complainant party has been registered for trespassing and causing injuries to the members of the petitioner's party and all the injuries received by the complainant party are simple in nature. He thus, prays that the petitioner should be granted anticipatory bail.

4. Learned Public Prosecutor has opposed the bail application.

5. Having heard learned counsel for the parties and upon perusal of the order impugned as well as the material available on the record of the case and after giving thoughtful consideration to the arguments advanced at the bar and the fact that cross-cases are pending between the parties and also the fact that Smt. Kesari Devi from the petitioner's side also received head injury, this Court is of the opinion, that the instant application for bail filed on behalf of the petitioner deserve to be accepted.

6. Accordingly, this bail application is allowed and it is directed that in the event of arrest of petitioner Sita Ram in connection with F.I.R. No. 71/2012, Police Station, Kolwa, District, Dausa, shall be released on bail; provided the furnishes a personal bond in the sum of Rs. 50,000/- along with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions:

(1) He shall make themselves available for interrogation by Investigating Officer as and when required;

(2) He 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; and

(3) He shall not leave India without the previous permission of the trial Court.
Bail application allowed.

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