(1.) This anticipatory bail application under Sec. 438 CrPC has been filed by the petitioners Yakub S/o Kamrudeen and Sharukh S/o Kamrudeen apprehending their arrest in connection with F.I.R. No.235/2021 registered at the Police Station Bilara, District Jodhpur for the offences under Ss. 452, 323/34, 354, 376 and 511 IPC.
(2.) Heard learned counsel for the petitioner, learned Public Prosecutor and gone through the material available on record.
(3.) The FIR came to be registered for the above offences. It is submitted that cross F.I.R. No.236/2021 has been lodged against the members of the complainant party. On a perusal of the factual report, it is apparent that none of the injuries caused to the members of the complainant party were found to be grievous in nature. The Investigating Officer has not found the offences punishable under Ss. 376/511 and 452 IPC made out against the accused and a finding is recorded regarding establishment of the charges punishable under Ss. 341, 354 and 323/34 IPC.