IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4618/2010 Bhoj Pal and Ram Mahesh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 12.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Manish Kumawat, Counsel for petitioners Shri Amit Punia, Public Prosecutor Shri Rajendra Sharma, Counsel for complainant #### By the Court:-
Heard learned counsel for the petitioners, learned Public Prosecutor as well as the learned counsel for complainant, and perused the material/case diary made available to me during the arguments of the case.
In the facts and circumstances of the case I am not inclined to grant anticipatory bail so far as accused-petitioner No.1 Bhoj Pal Son of Deena Ram is concerned. The bail application of accused-petitioner No.1 Bhoj Pal Son of Deena Ram is rejected. He may, however, if so desire, surrender before the concerning court of Sessions and move an application for bail, which may be decided as per the law.
Taking into consideration all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I allow the bail application of accused-petitioner No.2 Ram Mahesh Son of Ram Babu, under Section 438 Cr.P.C.
Therefore, the SHO/I.O. Of the Police Station Uchchain, District Bharatpur, is directed that in the event of arrest of petitioner No.2 Ram Mahesh Son of Ram Babu in FIR No.225/2009, registered under Sections 323, 341, 324 and 326 IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.30,000/-(Rupees thirty thousand) with two sureties of the like amount to his satisfaction on the following conditions:-
1. He shall make himself available for interrogation by Investigating Officer as and when required;
2. He 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. He shall not leave India without the previous permission of the Court.
The bail application is partly allowed and stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//