1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 734/2008 (Ghanshyam Vs. State of Rajasthan) DATE OF ORDER : 20/02/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Vijay Purohit for the petitioner. Mr. J.P.S.Choudhary, Public Prosecutor for State. Heard learned counsel for the petitioner and Public Prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioner that similarly situated co-accused Bishambhar Dayal has been granted bail under Section 438 Cr.P.C. by Co-ordinate Bench of this Court vide order dated 29.1.2008 in S.B.Cr. Misc. Bail Application No.314/08 on the ground that the parties are real brother and they have compromised the matter. Learned counsel has placed on record the copy of the affidavit filed by Brij Mohan first informant stating therein that due to better family understanding a compromise has reached between the complainant and accused person. It further states that accused Vishambar Dayal and Ganshyam Das who is petitioner herein are his real brothers. They have reached to the compromise and do not want to prosecute the criminal case further. Looking to the facts and circumstances of the case and the fact that the parties have compromised the matter being real brothers and affidavit to that effect has been filed and similarly situated co-accused Bishambhar Dayal has been granted bail under Section 438 Cr.P.C. by Co-ordinate Bench of this Court, I consider it just and proper to allow the bail application filed by the petitioner 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 petitioner Ghanshyam S/o Late Kishore Lal in FIR No. 485/2007 P.S. Raisinghnagar, district Sri Ganganagar, he shall be released on bail for a period till the police concludes the investigation and files the challan provided he 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 he shall make himself available for interrogation by a police officer as and when required; (ii)That 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 and; (iii)That he shall not leave India without the previous permission of the Court. The petitioner shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp