JUDGMENT 1. - The petitioner is accused of the offence under section 307 IPC. In fact the petitioner and others are said to be dacoits who had an encounter with the police party and there was exchange of fire from both the sides. The learned counsel for the petitioner has contended that no one has received any injury and empty cartridge have also not been found at the place of occurrence. It is further contended that the SHO Police Station Rajakheda is the complainant and the investigation is not being done by an independent agency. False implication on account of rivalry is said to be the cause of registering this case. 2. The learned Public Prosecutor has supported the case of the prosecution and contended that the petitioner is a member of gang of dacoits. Bijendra Singh is a leader and there is a cash award for his arrest dead or alive. 3. This matter has to be decided on basis of material in the case diary and at present when no one has received any injury and empty cartridges have not been recovered, it is considered proper to release the accused petitioner on anticipatory bail. 4. In the end I would like to make an observation about the investigation of the case. The complainant in the case is SHO, who is of the rank of Sub- Inspector and the investigation has been handed over to the Assistant Sub-Inspector of the same police station and this appears to be quite ridiculous on the face of it. Therefore, it is directed that the investigation of this case should be conducted by an officer not below the rank of Dy. S.P. 5. The SHO / Arresting Officer, Investigating Officer, Police Station Rajakheda district Dholpur in F.I.R. No. 254/88 is, therefore, directed that in the event of arrest of petitioner Ganesh he be released on bail provided he furnishes a personal bond in the sum of Rs. S.P. 5. The SHO / Arresting Officer, Investigating Officer, Police Station Rajakheda district Dholpur in F.I.R. No. 254/88 is, therefore, directed that in the event of arrest of petitioner Ganesh he be released on bail provided he furnishes a personal bond in the sum of Rs. 5,000/- (Rupees Five Thousand) with one surety in the like amount to his satisfaction on the following conditions : (a) that the petitioner shall make himself available for interrogation by a police officer as and when required; (b) 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 to any police officer; and (c) that the petitioner shall not leave India without the previous permission of the Court. 6. A copy of this order be sent to the S.P., Dholpur.Bail granted. *******