// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.2757/2009 {Vabhav Napalia Vs. State of Rajasthan} Date of Order ::: 24th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Dr. S.S. Jodha, Counsel for petitioner Shri Ashok Prajapat, PP for the State Shri Ajay Vyas, Advocate, for Shri Bheem Kant Vyas, Counsel for complainant #### By the Court: Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Learned counsel for petitioner argued that petitioner is an employee of Citicorp Finance (India) Limited, which is a non-banking finance company; the complainant took a loan from the Company to purchase the vehicle, however, the payment of installment was not regular, therefore, vehicle, in dispute, was seized on 20th November, 2008 with prior information to the police and further information was also sent to the police; there was no goods in the vehicle and now, after a // 2 // delay of more than five-and-a-half-month, the present FIR has been lodged on 6th April, 2009 with the allegation that goods were lying in the vehicle and, on that basis, the FIR has been registered under Section 379 IPC. The learned counsel for the petitioner contended that no reasonable explanation has been mentioned in the FIR about delay in its lodging, however, the petitioner will make himself present for interrogation as and when called upon to do so by the Investigating Officer; he, therefore, contended that the petitioner may be granted indulgence of bail under Section 438 Cr.P.C. in the matter. The learned Public Prosecutor as well as the learned counsel for the complainant oppose the bail application. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application under Section 438 Cr.P.C. Therefore, the S.H.O./I.O. of the Police Station Pratap Nagar (District Bhilwara) is directed that in the event of arrest of the petitioner Vabhav Napalia S/o Narainlal Mathur, presently working in Citicorp Finance (India) // 3 // Limited, Office at 401, Ridhi Sidhi Complex, Madhuban, Udaipur, in FIR No.199/2009 registered under Section 379 IPC, 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, 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//