S.K.KESHOTE, J. - (1.) HAVING heard learned counsel for accused petitioners, learned Public Prosecutor and going through the contents of the F.I.R. No. 153/2003 lodged at Police Station Nasirabad, prima facie, I am satisfied that it is a case of over-implication of the accused petitioners in the criminal case.
(2.) ON record the allegation against these three accused petitioners is that they pelted stones. The learned Public Prosecutor does not dispute that on the person of the injured there was no injury by the act of these accused persons of pelting stones. There is only one injury by sharp edged weapon and that has been assigned to one Kuka. The whole tenor of the F.I.R., prima facie, suggests that they are named in the FIR because they were with the main accused Kuka. In the facts of this case I am satisfied that the accused petitioners are entitled for the benefits of Section 438 of the Cr.P.C. It is, therefore, directed that in the event of arrest of the petitioners, namely, Bhoja son of Puna, by caste Jain, Ramjan son of Kuka and Golu son of Kuka, both by caste Chita, all residents of Village Kaklana, Police Station Nasirabad, District Ajmer, in FIR No. 153/2003 registered at Police Station Nasirabad for the offence under Sections 451, 341, 323, 307 and 34 of the I.P.C., they be released on bail by the concerned SHO/Investigating Officer provided each of them furnishes a personal bond in the sum of Rs. 5000/- (Rupees five thousand) with two sureties in the sum of Rs. 2500/- (Rupees two thousand five hundred) each to his satisfaction on the following conditions : (1) That the petitioners shall make themselves available for interrogation by a police officer as and when required; (2) That the petitioners 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 (3) That the petitioners shall not leave India without previous permission of the Court. The application accordingly stands disposed of. Anticipatory bail granted. ;