Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused Nos. 3 and 4 in Crime No.725 of 2014 of the Bakel Police Station pending investigation for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 294(b) and 308 r/w Section 149 of the Indian Penal Code.
3. The allegation against the petitioners and other accused is that on 12.09.2014 at about 03.25 p.m., they formed themselves into an unlawful assembly armed with deadly weapons including knife, and attacked the de facto complainant. It is alleged that when the de facto complainant was attempted to be stabbed, he warded it off, thereby he sustained injuries on his hand.
4. Heard the learned counsel for the petitioners and the learned counsel for the de facto complainant the learned Public Prosecutor. I have perused the C.D.
5. There is no allegation that the petitioners have made used of any weapon. No criminal antecedents have been reported against the petitioners. Investigation of the case is practically over. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Fridays and Tuesdays commencing from 28.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge