BailAppl 550/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Misc. Bail Application No.550/08 Mohammed Hamid @ Hamid Versus State DATE OF ORDER : 15/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Pankaj Gupta ] for accused-petitioner Mr. Sudhir Jain ] Mr. R.P. Kuldeep, Public Prosecutor *** Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and perused the material on record. Counsel submits that on the date of alleged incident i.e. 29th November, 2006 the present petitioner was below 18 yrs. and his date of birth, which was recorded in his Board Examination of 8th Standard, is 23rd September, 1989. Being juvenile on the date of alleged incident, he could not be arrested in view of special protection provided under Juvenile Justice [Care and Protection of Children] Act, 2000. Counsel further submits that even on merits as well, there is only one injury on the person of deceased which as per the evidence came on record assigned to accused Vinod and this fact has come in the Bail Application No.2419/07 of other co-accused considered by this court u/s.439 Cr.P.C. decided on 30th April, 2007. It is true that so far as age of petitioner is concerned, it is subject matter of inquiry which will be made in accordance with law. BailAppl 550/08 [2] Prima facie taking note of date of birth and so also accusation as came on record so far as present accused is concerned and without expressing any opinion on merits, this court considers it appropriate to allow the anticipatory bail of accused-petitioner Mohammed Hamid @ Hamid. Accordingly, I allow the bail application of the petitioner U/s 438 Cr.P.C. and the SHO/IO of Police Station Kotwali, District Sawai Madhopur is directed that in the event of arrest of the petitioner Mohammed Hamid @ Hamid S/o Shri Jahir Ahmed in FIR No.529/06, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- to his satisfaction on the following conditions: (i) He shall make himself available for interrogation by Investigating Officer as and when requires; (ii) He shall not directly 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. [AJAY RASTOGI], J. FRBOHRA550Bail Application2008 15-2.doc