JUDGMENT 1. - Heard. 1. This is a bail application under Section 438, Cr.PC., and the accusation against the accused-applicant, is for offence under Section 307 IPC. 2. In this case, the bail application under Section 438, Cr.PC., of the co-accused, Ashok, was dismissed by this Court, on 8.2.99. Co-accused Ashok is stated to have inflicted the injuries to Krishna Kant, witness Smt. Gulab has also stated that Ashok inflicted injuries to her also. Thus, Ashok has inflicted the injuries to the two injured, namely, Krishna Kant & Smt. Gulab, whereas, the accused-applicant, Kailash Chand has inflicted injuries to injured Ramesh only. In this way, the case of co-accused Ashok, is distinguishable from that of the accused-applicant, Kailash Chand. The accused-applicant, Kailash Chand, is stated to have inflicted injuries to Ramesh, with a Pharsi, a sharp-edged weapon. But, the medical evidence shows that injured Ramesh sustained injuries from some blunt weapon. This shows that the accused-applicant inflicted injuries to Ramesh, with a sharp-edged weapon, using it from its blunt side. Where a sharp-edged weapon has been used from its blunt side, it is difficult to infer that the intention was to cause death. 3. Mst. Santra & Mst. Anjana have also been released on anticipatory bail, by this Court, on 20.1.99. 4. Upon considering the overall submissions made by both the sides at Bar and having regard to the overall facts & circumstances of the case, I am of the opinion that it is a fit case, where, anticipatory bail should be granted to accused-applicant Kailash Chand. 5. Accordingly, the bail application is allowed, and it is ordered that in the event of arrest, the applicant be released on bail, in the case arising out of the FIR No. 474/98 of Police Station Behror, if he furnishes two sureties for Rs. 10,000/- each, and a personal bond for Rs.
5. Accordingly, the bail application is allowed, and it is ordered that in the event of arrest, the applicant be released on bail, in the case arising out of the FIR No. 474/98 of Police Station Behror, if he furnishes two sureties for Rs. 10,000/- each, and a personal bond for Rs. 20,000/- to the satisfaction of the Investigating Officer/SHO of the police station concerned/Arresting Officer, on the following conditions - (i) that he shall make himself available for interrogation by a Police Officer, as and when required; (ii) that he 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/her from disclosing such facts to the Court or to any Police Officer; and (iii) that he shall not leave India, without the previous permission of the Court. *******