1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.621/2008 (Sahi Ram vs. State of Rajasthan) DATE OF ORDER : March 14, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.J.S.Choudhary, for the petitioner. Mr.Ashok Upadhyaya, Public Prosecutor for State. Mr.Sandeep Mehta, for the first informant. Heard learned counsel for the petitioner, Public Prosecutor for the State and the counsel appearing for the first informant. Perused the order impugned. It is contended by learned counsel for the petitioner that the petitioner is in possession of its own land bearing Khasra No.634/156 new No.1102/423 and so far as complainant Hari Ram is concerned, he has already sold ¾th of his land having ¼th share with him and earlier also Hari Ram filed a similar FIR being FIR No.2 dt. 4.1.2007. However, the police investigated the matter and did not find the case of theft, though the challan has been filed for committing trespass. This time also, it is alleged that the petitioner committed theft of a door. It is further contended that the petitioner has not committed the offence and there is dispute between the parties with regard to their individual share of the land. 2 I have gone through the injunction order passed against the complainant in a civil suit filed by the petitioner as well as against the petitioner in a civil suit filed by the complainant. Be that as it may, I have gone through the police investigation diary more particularly the statement of Kesha Ram. The allegation is of course to the extent of trespass but not taking away the door. Having regard to the facts and circumstances of the case, without commenting on the merit of the case, since the matter is at the investigation stage and the fact that parties have already resorted to civil suits in respect of same property, I consider it just and proper to grant anticipatory bail to the petitioner. Accordingly, the bail application filed by the petitioner under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Sahi Ram s/o Jag Ram in CR. No.298/2007, P.S. Gangashahar (Bikaner), 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 each 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:- 3 (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. (H.R.PANWAR),J. m.asif/-