1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1214/2008 (Gurmail Singh Vs. State of Rajasthan) DATE OF ORDER : 27/3/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Pankaj Sharma for the petitioner. Mr. Ashok Upadhayay, Public Prosecutor for State. Heard learned counsel for the petitioner and Public Prosecutor for the State. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that the complainant failed to fulfill the terms and conditions of the agreement, however, he has filed a suit against the petitioner for specific performance of the agreement and same is pending before the civil court. Even in the FIR, this fact has been disclosed by the complainant himself. Learned counsel further submits that even on reading of the complaint and the police investigation diary, there is absolutely no evidence construing offences under Sections 467, 468, 471 and 406 IPC. Looking to the facts and circumstances of the case and the fact that civil suit is pending between the parties prior to lodging of the FIR and the subject matter of the agreement is subject matter of the civil suit, without commenting on the merit of the case, I consider it just and proper to allow the bail application filed by the petitioner under Section 438 Cr.P.C. 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 Gurmail Singh S/o Jogendra Singh in FIR No. 49/2008 P.S. Tibbi, district Hanumangarh, 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 2 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; (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