// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3631/2009 {Devi Lal Vs. State of Rajasthan} Date of Order ::: 13th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Mridul Jain, Counsel for petitioner Shri A.R. Nikub, PP for the State Shri Pawan Ojha, Counsel for complainant #### By the Court: Heard learned counsel for the petitioner and learned counsel for the complainant as well as learned Public Prosecutor and also perused the material made available to me during the arguments of the case. Learned counsel for the petitioner submits that for the incidence, relating to the years 1989 to 1993, a private complaint was filed on 16th July, 2001 i.e. almost after 8 to 10 years, wherein the police investigated the matter and submitted final report i.e. F.R. No.31, dated 26th December, 2001, a copy of which has been placed on the record. It appears that subsequently the matter was re- investigated and, being apprehended with the // 2 // arrest, the present petitioner has moved an application under Section 438, Cr.P.C., which has been rejected by the District & Sessions Judge. He further contended that the present case has been registered due to political motive and looking to oldness of the case, it will be appropriate to issue appropriate directions under Section 438 Cr.P.C. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I allow this bail application under Section 438 Cr.P.C. Therefore, the S.H.O./I.O. of the Police Station Falsund is directed that in the event of arrest of the petitioner Devi Lal Son of Hazarimal, Resident of Village Bandheva, Tehsil Pokaran, District Jaisalmer, in FIR No.42/2001 registered under Sections 409, 465 and 471, I.P.C., he shall enlarge him on bail, provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one surety of the like amount to his satisfaction on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required; (ii)He shall not directly or indirectly make any inducement, // 3 // 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; (iii)He shall not leave India without the previous permission of the Court. (NARENDRA KUMAR JAIN), J. //Jaiman//