@JUDGMENTTAG-ORDER
Mohammad Rafiq, J.@mdashThis application for grant of anticipatory bail has been filed by three accused petitioners namely; Ajeet, Vinod and Mohanlal @ Bhanwarlal all are residents of Longiya Mohalla, PS Ganj, Ajmer in FIR No. 43/2009 registered at Police Station Ganj, Ajmer for offence u/s 427, 147, 148, 149, 323 and 353 IPC.
2. It is contended in the bail application that the date i.e. 23/5/2009 on which the FIR was registered and in which they were sought to be arrested on the same day, accused Bhiman, who is a history-sheeter subjected petitioners and complainant-Bunti to beating for which case against him for offence u/s 324, 326 and 307 IPC and Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act, 1989 was registered. The challan has been filed in that case. When police did not take timely action against Bhiman and arrested large number of people of the local residents, the mob got furious and they protested against inaction of the police, for which, present FIR No. 43/2009 for offence u/s 427, 147, 148, 149, 323 and 353 IPC was registered against the present petitioners. The main allegation of provoking the crowd was made against Munir Tamoli, Banti and Mahendra. It was alleged that petitioners were accompanying the mob of 40-50 persons who were posing their objections at the police station to their working and petitioners along with others were named in the FIR. General allegation without any basis was made against them and therefore police filed final report in the matter which was not accepted by the court of Magistrate, who directed re-investigation into the matter. Apprehending their arrest, petitioners applied for grant of anticipatory bail at that stage, which has been rejected by the court of session.
3. Representative of the State opposed the bail application.
4. Considering the aforesaid pleadings of the bail application especially keeping in view the fact that main allegation of instigating the crowd was against Munir Tamoli, Banti and Mahendra, present petitioners were subjected to beating by accused Bhiman against which, a cross FIR was lodged against him on the basis of Parcha Bayan, enormity of number of cases and no specific allegation is there against the petitioners, I am inclined to extend to the petitioners benefit of pre-arrest bail.
5. In the result, this anticipatory bail application u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners (1) Ajeet S/o Fakir Chand Tamoli, (2) Vinod S/o Noratmal and (3) Mohanlal @ Bhanwarlal S/o Chotey Lal, they be released on bail by the S.H.O./I.O. in FIR No. 43/2009 registered at Police Station Ganj, Ajmer for offence u/s 427, 147, 148, 149, 323 and 353 IPC on their furnishing a personal bond in the sum of Rs. 30,000/- each together with two sureties in the sum of Rs. 15,000/- each to his satisfaction with 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.
