1 S.B.Cr.Misc. Bail Appli. No.4136/2007 (Hemant Sailani vs. State of Rajasthan) Date of order : September 17, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.K.R.Sharma ] Mr.Pradeep Choudhary,] for the petitioner. Mr.Ashok Upadhyaya, P.P. for the State. By the instant bail application under section 438 Cr.P.C., the petitioner seeks anticipatory bail in FIR No.239/2007, Police Station, Pratap Nagar, Bhilwara for the offences under sections 406, 420 and 120-B I.P.C. I have heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned dt. 23.6.2007 passed by learned Sessions Judge, Bhilwara. It is contended by the learned counsel for the petitioner that if any act of criminal breach of trust has been committed, then it is against Anoop Pahadia and so far as present petitioner is concerned, he himself has been cheated by accused Anoop Pahadia. 2 Learned Public Prosecutor submits that after investigation, the police has filed the challan against accused Anoop Pahadia and so far as the investigation against present petitioner is concerned, the police has not found him accused in the case. In the circumstances, therefore, since in the police investigation so far undertaken, the petitioner has not been found as accused, therefore, in my view, there can be no apprehension of arrest of the petitioner. However, after investigation, if subsequently a case is found against the petitioner, the police before arresting him, may issue a notice of fifteen days' to him. With these observations, the bail application stands disposed of. (H.R.PANWAR),J. m.asif/-