CRLMB6894/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6894/2010 Mehboob Ali Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 25.08.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Nemi Chand Choudhary, Counsel for petitioner Shri N.R. Saran, Public Prosecutor #### By the Court:- 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. Contention of learned counsel for petitioner is that when original challan was filed by the police against eight principal accused, the investigation against present petitioner as also against several others was kept pending under Section 173 (8) of the Cr.P.C. Those eight accused were ultimately acquitted by the judgment dated 12.05.2010 of the trial court. No further investigation whatsoever was made by the police either after filing of challan against the aforesaid eight accused or after their apprehending arrest; two of those accused, namely, Azaz and Gul Mohd. applied for anticipatory bail and a coordinate Bench of this Court, on considering all these arguments, vide its order dated 13.07.2010 in S.B. Cr. Misc. Bail Applications No.5058 and 3805 of 2010, was persuaded to grant them benefit of pre-arrest bail. It is contended that if and when the police now decide to file challan, the petitioner would undertake to join the trial on regular basis and he would also cooperate with the investigation, if required for any purpose. Learned counsel for the petitioner cited the judgment of this Court in Iqbal Vs. State of Rajasthan – (2008) 1 Cr.L.R. (Raj.) 862, wherein benefit of anticipatory was granted to certain accused in similar circumstances. CRLMB6894/2010 // 2 // The learned Public Prosecutor opposed the bail application but was not in a position to dispute the factual submissions made. 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 SHO/I.O. of the Police Station Talera, Bundi, is directed that in the event of arrest of petitioner Mehboob Ali Son of Ghasi Kha in FIR No.333/2008, registered under Sections 147, 148, 149, 323, 326 and 307 of the IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each, 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 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. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//