1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1372/2008 (Sagarmal & Anr. Vs. State of Rajasthan) DATE OF ORDER : 08/04/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Ajay Vyas for the petitioners. Mr. Ashok Upadhayay, Public Prosecutor for State. Mr. H.M.Saraswat for the complainant. Heard learned counsel for the petitioners and Public Prosecutor for the State as also counsel appearing for the first informant. Perused the order impugned. It is contended by learned counsel for the petitioners that the first informant Kamla Soni and her husband Ashok Soni filed a petition under Section 13 (b) of the Hindu Marriage Act, 1955 seeking mutual divorce. The application was jointly filed and signed by first informant and her husband. Learned counsel for the petitioners has placed on record the certified copy of the application filed before District Judge, Bikaner wherein in para No.2, she stated that with effect from 10.5.2005, the first informant Kamla Soni and her husband have been residing separately and in future there is no likelihood of reunion and therefore, sought a decree of dissolution of marriage by mutual consent. According to learned counsel, the occurrence is shown to be much after 10.5.2005 and admittedly the first informant had not been living with her husband or the petitioners and decree of divorce by mutual consent has been passed by learned District Judge. Looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I consider it just and proper to allow the bail application filed by the petitioners under Section 438 Cr.P.C. 2 Accordingly, the bail application filed by the petitioner u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Sagarmal S/o Tulchha Ram and Smt. Geeta W/o Sagarmal in FIR No. 25/2008 P.S. Mahila Thana, district Bikaner, 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/- alongwith 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