JUDGMENT 1. - This is an application under Section 438, Cr. P. C. praying that a direction be issued that in the event of arrest the accused petitioners may be enlarged on bail. 2. An application under section 438, Cr. P. C. for anticipatory bail was moved before the learned Sessions Judge, Alwar who dismissed the same on 15-3-1980. The learned Sessions Judge held that there is prima facie evidence of serious offence against Harji and Sarwan and, as such, direction under section 438, Cr. P. C. could not be issued. He further held that against the remaining accused persons no non-bailable offence is made out and as such, the application under section 438, Cr. P. C. is not maintainable. The learned counsel for the accused-petitioners has stated that in spite of the facts that the learned Sessions Judge has held that no non-bailable offence is made out against the other accused-persons except Sarwan and Harji, yet, the investigating agency is taking steps to arrest Sonya, Ramla, Puniya, Sukh Ram, and Jagannath. It is contended that only five accused-petitioners are the sons of Duda. As regards Mooli, Ram Pyari, Bachhi, Mohra and Tulsi, it was contended that they are ladies and have been implicated with a view to harass them. The learned counsel for the complainant has contended that the investigation has not been fair, and that an application has been moved before the S. P. Alwar on 11-3-1980 for transferring the investigation to some other officer. The learned Public Prosecutor appearing on behalf of the State has opposed the petition. 3. Respective contentions of the learned counsel for the accused-petitioners, learned counsel for the complainant and the learned Public Prosecutor have been considered and the record of the case carefully perused. 4. The application, so far as Harji and Sarwan, is concerned, was not pressed by the learned counsel for the accused-petitioners. The record of the case has been perused. I have no hesitation in holding that the learned Sessions Judge was correct in not issuing direction under section 438, Cr. P. C. So far as the accused-petitioners Harji and Sarwan are concerned. 5. As regards the other 10 accused-petitioners are concerned, it must be stated that the five are the sons of Duda and the other five are ladies. The learned Sessions Judge has opined that no non-bailable offence is made out against them. P. C. So far as the accused-petitioners Harji and Sarwan are concerned. 5. As regards the other 10 accused-petitioners are concerned, it must be stated that the five are the sons of Duda and the other five are ladies. The learned Sessions Judge has opined that no non-bailable offence is made out against them. While dealing with the application under section 438, Cr. P. C. this court cannot enter into examination on merits of the view of the learned Sessions Judge. Talking the view of the learned Sessions Judge to be correct, I have no hesitation in holding that if it is so, then the investigating agency should take bail of these 10 accused persons unless it has very strong reasons to come to the conclusion that non-bailable offence of a serious nature is made out against any one of them. 6. The learned counsel for the complainant has contended that an application has been moved before the S. P. Alwar on 11-3-1980. More than two weeks have elapsed, and it is not known as to what action has been taken on this application. However, as has been observed earlier, if the investigating agency comes to the conclusion that a serious nature of offence non-bailable one, is made out against any one of the ten accused persons referred to above, then the investigating agency may proceed according to law. The learned Sessions Judge has already opined that only bailable offence is made out against the above mentioned 10 accused persons. Under such circumstances, if the situation with regard to any of the accused petitioner does not change due to further investigation, then these ten accused-petitioners deserve to be released on bail by the investigating agency if bail and bonds are offered by these accused persons or by any one of them. *******