1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Bail Application No. 5093/2010 Om Prakash & anr Versus The State of Rajasthan through PP 26.5.2010 HON'BLE MR JUSTICE MN BHANDARI Mr Bipin Gupta - for petitioners Mr Peeyush Kumar, PP – for the State BY THE COURT: Learned counsel for petitioners wants to withdraw the bail application of petitioner No.2-Mohan Lal with liberty to surrender before the court below. In view of above, bail application of petitioner No.2- Mohan Lal is dismissed with liberty to surrender before the court below and if, on surrender, he files an application for bail then the court below may consider and decide the same expeditiously and if possible on the same day. Heard learned counsel for the parties on bail application of petitioner No.1 – Om Prakash and perused the 2 record of the case. Learned counsel submits that so far as petitioner No.1 is concerned, he is no where involved in this matter. His name does not find mention in the FIR. Thus he may be granted bail under section 438 CrPC. On the other hand, learned PP has opposed the bail application. After taking into consideration rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, but looking to the facts of this case, I am inclined to allow this bail application under Section 438 CrPC. Therefore, the SHO/IO of the Police Station – Sikari, District - Bharatpur is directed that in the event of arrest of the petitioner No.1- Om Prakash in FIR No. 77/2010 registered for offence under Section/s 143, 323, 341, 354, 451 and 326 IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.25,000/- with one surety in the like amount to his satisfaction on the following conditions:- 3 (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 previous permission of the Court. (iv)He shall not commit same and similar offence during the period of bail. (MN Bhandari), J. bnsharma