1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 419/2008 (Tejraj and Ors. Vs. State of Rajasthan) DATE OF ORDER : 27/02/2008 HON'BLE MR.H.R.PANWAR, J. Mr. S.D.Vyas for the petitioners. Mr. J.P.S.Choudhary, Public Prosecutor for State. Heard learned counsel for the petitioners and Public Prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioners that for the very plot in respect of the patta in question, a suit was filed before Civil Judge, Junior Division, Bar, district Pali along with an application under Order 39 and Rule 1 and 2 CPC seeking temporary injunction, that came to be dismissed by the Civil Judge. The patta was also challenged before the Additional Collector by way of an appeal which also came to be dismissed. The parties have already resorted to the Civil Court and their rights as stated appear to have been determined. Looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I consider it just and proper to allow the bail application filed by the petitioners under Section 438 Cr.P.C. Accordingly, the bail application filed by the petitioners u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Tejraj S/o Balmukund, Meena D/o Tejraj, Leela D/o Balmukund and Mahendra S/o Rajendra in FIR No. 04/2008 P.S. Raipur, district Pali, they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- alongwith one surety of like amount to 2 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 they shall make themselves available for interrogation by a police officer as and when required; (ii)That they 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 they shall not leave India without the previous permission of the Court. The petitioners shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp