1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.2991/2007 (Radhey Shyam Sharma vs. State of Rajasthan) DATE OF ORDER : July 10, 2007 HON'BLE MR.H.R.PANWAR,J. Mr. Manoj Bohra, for the petitioner. Mr.Ashok Upadhyaya, Public Prosecutor for State. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and the police investigation diary. There is a specific evidence that the petitioner was driving a jeep, in which a huge quantity of illicit liquor i.e. as many as 27 cartons of beer was being transported. Learned counsel for the petitioner submits that the petitioner met with an accident on 31.5.2007, a day prior to the occurrence and suffered injuries. M.L.C. Certificate of the petitioner has been placed on record, which shows two abrasions on right as well as left leg, which according to the Doctor are simple in nature. From the perusal of the M.L.C. Certificate placed on record by the counsel for the petitioner, it appears that the petitioner 2 suffered two abrasions in the accident, a day prior to the occurrence, though according to the M.L.C., are simple in nature and in my view, a person having suffered such injuries can drive a vehicle like jeep. Even otherwise, such plea is to be decided at the trial. Having regard to the facts and circumstances of the case,, in my view, it is not a fit case for grant of anticipatory bail. The bail application filed by the petitioner under section 438 Cr.P.C. is, therefore, dismissed. However, at this stage, learned counsel for the petitioner submits that the petitioner would surrender and move a regular bail before the trial court on 13.7.2007. If the petitioner surrenders before the trial court on or before 13.7.2007 and move a regular bail, the trial court shall consider and decide the same in accordance with law on the very day. (H.R.PANWAR),J. m.asif/-