1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.3885/2007 (Narendra Singh vs. State of Rajasthan) DATE OF ORDER : August 24, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.B.S.Rathore for the petitioner. Mr.Ashok Upadhyaya, Public Prosecutor for State. Mr.Sandeep Mehta, for the complainant. Heard learned counsel for the petitioner and the Public Prosecutor for the State assisted by the counsel for the complainant. Perused the order impugned. It is contended by the learned counsel for the petitioner that the allegation against the petitioner is that he took a loan from Madhav Nagrik Bank Ltd., Sirohi and most part of the loan including interest has already been repaid by the petitioner. It is further contended that by now, the petitioner has paid Rs.43,50,000/- as against Rs.33,00,000/-. So far as suit filed by the tenant of the petitioner is concerned, since the premises owned by the petitioner has been rented out to the tenant and if any suit has been filed by the tenant and decreed by the civil court, the petitioner cannot blame for that. On careful perusal of the order impugned, in my view, it appears to be purely a civil transaction. After taking the loan of 2 Rs.33,00,000/- as it appears from the order impugned as also stated by the learned counsel for the petitioner that the petitioner has already repaid Rs.43,50,000/- including the interest, in the circumstances, therefore, prima facie no criminal intent appears. Looking to the facts and circumstances of the case and having considered the oral arguments advanced by learned counsel for the parties, I consider it just and proper to grant anticipatory bail to the petitioner. Accordingly, the bail application filed by petitioner under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Narendra Singh s/o Fateh Singh in CR. No.106/2007, Police Station, Abu Road, Distt. Sirohi, 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/- along with 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; 3 (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. (H.R.PANWAR),J. m.asif/-