The main legal point established is the court's discretion to grant anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the contentions presented by the parties.

1. The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 258/2016 registered at Police Station Kathumar, District Alwar for the offence(s) under Sections 147, 148, 149, 323, 341, 326, 307, IPC and Section 5/27 of the Arms Act.

2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter and it is a case of version and cross version. Learned counsel for the petitioner submits that co-accused Rajendra and Om Prakash have already been granted the benefit of anticipatory by the learned trial court on 6.4.2018 and co-accused Satyendra has also been granted the benefit of anticipatory bail by a co-ordinate Bench of this court on 5.4.2019 the case of the present petitioner is similar to them. So, the petitioner may be given the same benefit.

3. Learned Public Prosecutor as well as learned counsel for the complainant opposed the anticipatory bail application.

4. Learned counsel for the complainant submits that the petitioner fired by gun on Hitesh who sustained injuries on right eye and right leg and left hand as a result of which, his right eye was totally damaged. So, the bail application u/s 438, Cr.P.C. may be rejected.

5. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits or demerits of the case, this court deems it just and proper to allow the anticipatory bail application.

6. Accordingly, the anticipatory bail application is allowed.

The S.H.O/I.O/Arresting Officer, Police Station Kathumar, District Alwar in F.I.R. No. 258/2016 is directed that in the event of arrest of the petitioner Kirti alias Jogendra S/o Shri Ramcharan, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) that the petitioner 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 any police officer, and

(iii) that the petitioner shall not leave India without previous permission of the court.