JUDGMENT 1. - This order governs the disposal of bail application filed under Section 438 of Cr.PC. by Mr. Anurag Sharma, Advocate on behalf of the petitioners Bhagwan Singh and Ram Charan pertaining to F.I.R. No. 325/2008 of Police Station Gangapurcity, District Sawai Madhopur registered in the offences 'trader Sections 323 and 336 of IPC (Section 307 IPC added during Investigation.) 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioners has contended that the occurrence of this case took place on 19th May, 2008 and the witnesses were examined by Investigating Officer on 27th May, 2008, after 9 days of occurrence. The complainant was sitting and after hearing the cracking sound he checked his ankle and found bleeding. The complainant did not know as to who had caused the injury. The Police registered a case on Parcha Bayan of the complainant. Learned counsel submits that the names of the petitioners did not figure in the First Information Report. Neither they committed any offence nor they were present on the spot. Now the police is going to arrest them just with a view to cause harassment. Hence, they may be granted indulgence of anticipatory bail. 4. Learned Public Prosecutor has vehemently opposed the bail petition primarily on the ground that witnesses Mohan Bairwa, Meetha Lal and Sanjay Soni have categorically stated in their statements that the two persons namely Bhagwan Singh @ Dabbu Naruka and Ramcharan Sharma @ Kukku were sitting on the first floor and they had fired from their pistol. After hearing the cracking sound, when people assembled there, both these petitioners fled from there. It is the act of the petitioners which caused the injury below the ankle of the complainant, as such, they do not deserve any anticipatory bail. 5. Having reflected over the submissions made at the bar and carefully scanned the relevant material on record including the factual report submitted by the Additional S.P. (Crime and Vigilance) it is noticed that during investigation Additional S.P. had come to know that Ramcharan Sharma and Bhagwan Singh @ Dabbu Naruka while sitting on the first floor were testing their pistol and by their negligent act it fired and caused the injury below the ankle of the complainant. The Investigating Officer himself has conceded in his factual report that the petitioner, did not intentionally fired at the complainant but the Investigating Officer has given his finding in the factual report that by mistake or inadvertently the pistol got fired. In view of this position, I am afraid that the offence under Section 308 of IPC is made out. However, I, without expressing any opinion on the merits of the case but keeping in view the facts and circumstances as also the statements of the witnesses and the factual report submitted by the Additional S.P, do feel inclined to grant indulgence of anticipatory bail to the accused petitioners. 6. The bail petition under section 438 Cr.RC. is allowed and the SHO/I.O. of the Police Station, Gangapurcity, District Sawaimadhopur is directed that in the event of arrest of the petitioners Bhagwan Singh S/o Sh. Gopal Singh and Ram Charan S/o Sh. Gopi Lal in FIR No. 325/2008, registered for offences under Sections 323 and 336 of IPC, (Section 307 of IPC added during Investigation) he shall enlarge them on bail provided they furnish a personal bond in the sum of Rs. 5,000/- (Rs. Five Thousand Only) each with one surety of like amount to his satisfaction on the following conditions: (i) They shall make themselves available for interrogation by Investigating Officer as and when required; (ii) They 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; (iii) They shall not leave India without the previous permission of the Court. (iv) They will not commit any offence during the period of bail. Bail Application Allowed. *******