1 (1) S.B.Cr.Misc. Bail App. No. 1110/2008 (Shanker Singh Vs. State of Rajasthan) (2) S.B.Cr. Misc. Bail App. No. 1111/2008 (Gopal Singh Vs. State of Rajasthan) Date of order : 13/03/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Rakesh Arora for the petitioners. Mr. J.P.S.Choudhary, Public Prosecutor. Both these bail applications involve common question of law and facts and arise out of same FIR, therefore, they are heard and decided together. Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioners that petitioner Gopal Singh is the registered owner of the truck. He has shown me the Registration which stands in the name of petitioner Gopal Singh and petitioner Shanker Singh is son of Gopal Singh. Learned counsel for the petitioners submits that the installments to the bank have already been deposited by petitioner Gopal Singh. However, learned counsel submits that on a report lodged by the first informant, the truck has already been seized and subsequently by the order of Additional Chief Judicial Magistrate, Nathdwara, custody of the truck has already been handed over to the complainant Mohanlal. Looking to the facts and circumstances of the case and the fact that the registration of the truck, which is subject matter of extortion, 2 stands in the name of petitioner Gopal Singh and the truck has already been seized by the police and subsequently by the order of the court below has been handed over to the complainant, I consider it just and proper to allow the bail applications filed by the petitioners under Section 438 Cr.P.C. Accordingly, the bail applications filed by the petitioners u/s 438 Cr.P.C. are allowed and it is directed that in the event of arrest of petitioners Shanker Singh S/o Gopal Singh and Gopal Singh S/o Lal Singh in FIR No. 23/2008 P.S. Nathdwara, they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- along with one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:- (i)That they shall make themselves available for interrogation by a police officer as and when required; (ii)That 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 and; (iii)That they shall not leave India without the previous permission of the Court. The petitioners shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp