JUDGMENT 1. Heard the learned counsel for the parties. 2. At this stage as prayed by the learned counsel for the applicants, application under section 438 of the CrPC filed by the applicant No.3 Arjun Singh is hereby dismissed being withdrawn. 3. Remaining applicants have an apprehension of their arrest relating to Crime No.80/2014 registered at Police Station Maharajpur, District Sagar for offence punishable under sections 323, 341, 324, 294, 506, 326 of IPC. 4. Learned counsel for the applicants submits that the applicants are reputed citizen of the locality. They do not have any criminal past alleged against them. It is alleged against the co-accused Arjun Singh that he assaulted the victim Ashok by a Katarna on his head, causing a fracture. The remaining applicants were not aware that the co-accused would assault in such a forceful manner. No common intention of the applicants can be presumed with the co-accused Arjun Singh and therefore, no offence punishable under section 326 of IPC is made out against the applicants either directly or with help of section 34 of IPC. Except offence punishable under section 324 of IPC, remaining offences are bailable. However, offence under section 324 of IPC is not so grave, so that the applicants may not be enlarged on anticipatory bail. Under such circumstances, the applicants pray for bail of anticipatory nature. 5. Learned Panel Lawyer for the State opposes the application. 6. Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the view that the applicants No.1, 2 and 4 may be enlarged on anticipatory bail. Consequently, their application under section 438, CrPC is hereby allowed. 7. It is directed that in the event of arrest, applicants No.1, 2 and 4 viz. Kadhorilal, Chandrabhan and Jeevan, shall be released on bail on each furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand) with a solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation officer). 8. The applicants shall make themselves available for interrogation by a police officer as and when required. They shall further abide by the other conditions enumerated in sub-section (2) of section 438 of CrPC. 9.
8. The applicants shall make themselves available for interrogation by a police officer as and when required. They shall further abide by the other conditions enumerated in sub-section (2) of section 438 of CrPC. 9. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicants so desire, may move an application for regular bail before the competent Court.