Anticipatory bail is granted only when accusations are found to be totally false, baseless, and groundless, and the accused must demonstrate that no prima facie case is made out against them.

1. - Since both the aforesaid bail petitions filed on behalf of the applicants under Section 438 of Cr.P.C. pertain to and arise out of one FIR No. 120/2009 of Police Station Kishangar, District Ajmer registered in the offences under Sections 143, 3341, 323, 325, 308, 379 and 452 of IPC, they are being disposed of by this common order.

2. Heard the learned counsel for the petitioner, learned counsel for the complainant as also the learned Public Prosecutor for the State and perused the material on record.

3. Learned counsel for the petitioner Hanuman has canvassed that he has been falsely implicated and is in no way connected with the commission of the offence of the instant case. The Investigating Officer of this case has been conducting the investigation with malafides. It is the accused party who lodged the First Information Report first in the police station and the petitioner was got medically examined in the night by the Police Officers. Thereafter, the police in connivance with the complainant registered the case against the accused party next day and manipulating everything commenced investigation in the offence under Section 308 of IPC, whereas the facts as narrated in the First Information Report as also the evidence as collected by the Investigating Officer, do not constitute of an offence under Section 308 of IPC. So far as the injury sustained by Krishna on her skull is concerned, it has been described by the Doctor to be simple in nature. The complainant and the injured Krishna are alleged to have sustained fractures of Meta carpal bone. From no stretch of imagination this injury can lead to the constitution of an offence under Section 308 of IPC. The petitioner is a respectable man of the society. the police intends to hand cuff and humiliate him, as such in view of these factors, the petitioners may be granted indulgence of anticipatory bail.

4. Learned counsel for the petitioner Gopi Lal has also advanced more or less the same arguments.

5. Learned counsel for the complainant as also the learned Public Prosecutor appearing for the State have opposed the bail petition on the ground that Smt. Krishna as also complainant Kailash Chand have sustained seven injuries each on their person. The injuries of hand and Meta carpal bone have been found to be grievous in nature. There is one more injury on the parietal region of Krishna also. The petitioners are alleged to have committed the offence under Section 308 of IPC and they are constructive liable for the act of co-accused who caused life threatening injury, hence, their bail petition should be dismissed.

6. Having considered the submissions made at the bar and carefully perused the relevant material available on record including the injury reports of both Krishna and Kailash chand, it is noticed that the accusation as levelled against the petitioners do not seem to be false, groundless or baseless.

7. In Pankaj v. State of Raj., RLW 1996(1) Raj. 628 this court has categorically observed that the provisions of Section 438 are attracted only when it is found that the accusation or allegations levelled against the petitioner are found to be totally false, baseless and groundless. It is for the accused to set out that no prima facie case is made out against him. From the facts on record, it is not reflected that the accusation against the petitioner are totally false and baseless. Hence, in the instant case, the petitioner is not entitled to get the anticipatory bail.

8. In the result, the bail petition filed under Section 438 of Cr.P.C. on behalf of the accused-petitioners namely Hanuman S/o Sadul and Gopi Lal S/o Shri Bhanwar Lal stands dismissed.

9. However, keeping in view the submissions and grievance put forth by the learned counsel for the petitioners, Superintendent of Police, Ajmer is directed to forthwith transfer the Investigation of this case from Laxmi Narayan, ASI, Police Station Kishangarh to any other Senior Officer of some other Police Station, so