S.B.Cr. Misc. Bail Application No. 8727 of 2009 Vishal Singh vs. State of Raj. ---- 30.10.2009 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Dinesh Singh, for the petitioner. Mr. Piyush Kumar, Public Prosecutor. --- Heard learned counsel for the petitioner and the learned Public Prosecutor. This bail application has been filed under section 438 Cr.P.C. The learned counsel for the accused petitioner contended that FIR has been lodged for the offence under section 354 IPC but the policd also added section 452 IPC. The learned counsel argued that in these circumstances the accused accused petitioner should be released on anticipatory bail as section 354 IPC is triable by Magistrate. The Public Prosecutor opposed this argument. Without expressing any opinion on the merits of the case, at this stage, I deem it just and proper to grant anticipatory bail to the accused petitioner Vishal Singh under section 438 Cr.P.C. In the result, this application under section 438 Cr.P.c. is allowed and it is directed that in the event of the arrest of the petitioner namely Vishal Singh son of Gajendra Singh in F.I.R. No. 104 of 2009 Police Station Khatoli District Kota he shall be released on bail by the concerned SHO/ Investigating Officer, provided he shall submit pesonal bond in the amount of Rs. 25,000/- with two sureties in the amount of Rs. 12,500/- each to the satisfaction of SHO/ Investigating Officer, Arresting Officer of the concerned police station, on the following condition : -2- a)that the petitioner shall make himself available for interrogation by a police officer as and when required; b) that the petitioner 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; c) that the petitioner shall not leave India without the previous permission of the court. d) That the petitioner shall not commit any offence similar in nature to the offence of which he is accused. (Mahesh Chandra Sharma) J. OPPareek/