JUDGMENT 1. - Both these bail applications filed under Section 438 Cr.P.C. are being decided by the common order, as they pertain to the same F.I.R. 2. I have learned counsel for the petitioners as well as the learned Public Prosecutor for the State and have carefully gone through the record and the impugned order 3. During the arguments, learned counsel for the petitioners produced some documents which include the F.I.R. lodged by the mother of complainant Om Prakash Smt. Teemu Devi dated 24.4.2009, as well as the F.I.R. dated 27.4.2009 lodged by Om Prakash against his brother and other family members. He also filed the copy of the civil suit filed by his younger brother against the present accused Annaram as well as other family members seeking declaration of ownership, partition and cancellation of documents dated 25.2.2009, 6.4.2009 and the Will dated 2.1.1974 allegedly executed by late Hari Ram (the father of complainant Om Prakash). The contention of learned counsel for the petitioners is that his clients have been falsely implicated by the complainant, after the pressure being made by his family, and regarding sell of property claimed to have been owned by him, on the basis of will, allegedly executed by his late father. 4. I have gone through the entire record and heard both the parties at length. Taking into consideration all the facts and circumstances of the case, I think it just and proper to grant benefit of anticipatory bail to the petitioner namely herein above. It is worthwhile to mention that along with the other offences under I.P.C. offences of allegation Under Section 3 (1) (X) of SC/ST Act has also been levelled. Drawing my attention to Section 18 of the said Act, learned Public Prosecutor argued that there is a bar for grant of anticipatory bail in such matters. In this connection, learned counsel for the petitioners relying on the judgments of this Court in the matter of Jodharam & Ors.
Drawing my attention to Section 18 of the said Act, learned Public Prosecutor argued that there is a bar for grant of anticipatory bail in such matters. In this connection, learned counsel for the petitioners relying on the judgments of this Court in the matter of Jodharam & Ors. v. State of Rajasthan, reported in R.A.F. 2008 (Raj.) 248 as well as the judgments of the Hon'ble Apex Court passed in the matter of Shravan Singh v. The Standing Counsel and Ors., reported in 2009 (1) C.J. (Criminal) (SC) 72 argued that in this case, there is no such evidence in the case diary to show that the petitioners have intentionally insulted or humiliated the complainant in any public place and that therefore, this Section is not attracted. 5. I have considered these arguments and have looked into the diary, particularly with this view. I find force in the arguments of the learned counsel for the petitioners, therefore, I consider it appropriate to exercise the discretion and accept the application for anticipatory bail. 6. Accordingly, the application filed under Section 438 Cr.P.C. by both the petitioners is allowed and it is directed that in the event of arrest of petitioners namely Anna Ram S/o Maga Ram (2) Kalu Ram S/o Shri Bhanwar Lal in F.I.R. No. 158/2009 P.S. Sojat City district Pali for offence under Sections 365, 323, 382/34 of I.P.C. they shall be released on bail provided each of the executes a personal bond in the sum of Rs. 20,000/- and furnishers two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of the concerned Investigating Officer on the following conditions: (i) That they shall make themselves available for interrogation by a police officer as and when required; (ii) That they shall not directly or indirectly make any inducement, threat or promises 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; (iii) That they shall not leave India without the previous permission of the Court. 7. The applicants shall surrender before the trial Court on the date of filing of challan and move regular bail. The applications stands disposed of. JUNE528 Application allowed. *******