1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Bail Application NO.3611/09 Sukha @ Sukhlal Vs. State of Rajasthan Date of order :: 28th July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.T.R.S. Sodha, for the petitioner. Mr.Mahipal Vishnoi,P.P. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. Learned counsel for the petitioner submitted that present FIR has been registered on the basis of criminal complaint filed in the court, which was forwarded for investigation under Sec. 156(3) Cr.P.C. and was drafted by advocate but the name of accused petitioner was not mentioned in it, the complaint was filed only against Gopal Sharma and Bhopal Singh. Now the petitioner is being implicated during investigation by inserting his name in the statement recorded under Sec. 161 Cr.P.C. malafidely. Therefore, benefit of Sec. 438 Cr.P.C. be given to the petitioner in the facts and circumstances of the present case. The case diary was 2 summoned. Learned Public Prosecutor relied upon the statement of complainant Shambhoo Singh and contended that the petitioner was also involved in the matter but, he frankly admitted that this case arise out of criminal complaint drafted by the counsel and filed in the court of judicial Magistrate, and name of the petitioner was not mentioned in it. 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 Kareda, District Bhilwara is directed that in the event of arrest of the petitioner Sukha @ Sukh Lal S/o Nang Ji in FIR No.38/09, registered under sections 420, 406 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:- (1)He shall make himself available for interrogation by Investigating Officer as and when required; (2)He shall not directly or indirectly make any inducement, threat or promise to 3 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; (3)He shall not leave India without the previous permission of the Court. (NARENDRA KUMAR JAIN), J. ns.