Full Judgment
1. Heard learned counsel for petitioners as well as learned Public Prosecutor and perused material made available to me during course of arguments.
2. Learned counsel for petitioners argued that so far as petitioners no.2 and 3 are concerned, there is no overt-act assigned to them in the FIR. It was the petitioner no.1 who threatened the complainant on telephone and asked them to give one thousand rupees to remaining accused. Regarding previous cases, although learned counsel submitted that against petitioners no.2 and 3 all the cases are of minor in nature.
3. Learned Public Prosecutor opposed the bail application.
4. Learned counsel for petitioners for the present does not press the bail application of the petitioner no.1 Vaseem @ Pilot. The bail application of petitioner no.1 is dismissed.
5. So far petitioners no.2 and 3 are concerned, after considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow their bail application. It is therefore ordered that accused-petitioners, namely, Imran @ Kalia Son of Fateh Mohd., Resident of Islam Nagar, Police Station Kanwas, Kota and Mohd. Irshad @ Bhuru Son of Sabbir Mohd., Resident of Islam Nagar, Kota, presently 4-I-9, Gali No.5, Sanjay Nagar, Udiya Basti, Police Station Vigyan Nagar, Kota (presently confined in Central Jail, Kota), be released on bail under Section 439 Cr.P.C., in FIR No.79/2011, Police Station Gumanpura, Kota, for offence under Sections 384, 387 and 323 IPC, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so.
6. However, in case petitioners no.2 and 3 are again found indulging in similar or any other offence at any point of time in future and that misstatement has been made about their whereabouts or non-registration of any other criminal case, the bail granted to them by this court in present case would be liable to be cancelled at the instance of prosecution on this ground alone and stipulation to this effect shall be inserted in bail bonds produced by petitioners, and sureties to be produced in support thereof shall be verified by Tehsildar of area concerned.
7. The bail application stands partly allowed.