Granting of anticipatory bail under Section 438 Cr.P.C. based on the entirety of facts and circumstances.

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the parties and perused the case diary.

2. This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No.13/2021, registered at Police Station Merta Road, District Nagaur for the offences under Sections 143, 323, 379, 354 & 452 of the IPC.

3. Cross-Cases have been registered inter se between the parties. Two members of the complainant's side namely Smt. Sampu Devi and Nathu Ram received head injuries in the incident. The head injury inflicted to Sampu Devi has been opined to be grievous in nature whereas the head injury of Nathu Ram has beren opined to be simple in nature after x-ray examination. The head injury caused to Sampu Devi is attributed to accused Shrawan. Both petitioners also received head injuries in the incident which fact is evident from perusal of the case diary of the cross-case.

4. Thus, having regard to the entirety of facts and circumstances as available on record, this Court is of the opinion that it is a fit case to extend the benefit of pre-arrest bail to the petitioners under Section 438 Cr.P.C.

5. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners (1) Choti Devi W/o Shri Sobha Ram and (2) Surendra S/o Shri Sobha Ram in connection with FIR No.13/2021, registered at Police Station Merta Road, Nagaur, the petitioners shall be released on bail; provided each of them 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 :-

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

(ii). that the petitioner(s) 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; an

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