IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5674/2010 Ishaq Mohammad and Kanija Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 09.07.2010 Hon'ble Mr. Justice Mahesh Chandra Sharma Shri S.K. Jain, Counsel for petitioners Shri Amit Punia, Public Prosecutor #### By the Court:-
Heard learned counsel for the petitioner(s) as well as the learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case.
This bail application has been filed by the petitioners under Section 438 Cr.P.C. Learned Advocate has contended that husband of the complainant has been released on bail under Section 439 Cr.P.C. He further contended that the petitioner no.1 is Sub Inspector posted in Kota and petitioner no.2 is wife of petitioner no.1. Petitioners are distant relatives of complainant. Nothing is to be recovered from the petitioners. The alleged offence is triable by first class Magistrate.
Learned Public Prosecutor opposed the bail application.
Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application under Section 438 Cr.P.C.
Therefore, the SHO/I.O. Of the Police Station Kotwali, Baran is directed that in the event of arrest of the petitioners, namely, (1) Ishaq Mohammad Son of Shri Rasool Mohammad and (2) Kanija Wife of Shri Ishaq Mohammad in FIR No.400/2009, registered under Sections 498-A and 406 IPC, he shall enlarge them on bail provided each of them furnish(s) a personal bond in the sum of Rs.25000/- with one surety of the like amount to his satisfaction on the following conditions:-
1. They shall make themselves available for interrogation by Investigating Officer as and when required;
2. 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;
3. They shall not leave India without the previous permission of the Court.
The bail application stands disposed of.
(Mahesh Chandra Sharma) J.
//Jaiman//