S.B. Cr. Bail Application No. 1591/2008 (Kishore Vs. State of Rajasthan) Date of order : 22.04.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Ravindra Acharya for the petitioner. Mr. Ashok Upadhyay, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and police investigation diary. There is prima-facie evidence of entrustment of gold weighing 91 grams which according to the complainant the petitioner failed to return and committed a criminal breach of trust by misappropriating the same. Though according to learned counsel for the petitioner, subsequently, it was entrusted to some other person by the petitioner and who did not return. Be that as it may, so far as the present case is concerned, there is prima-facie evidence that the complainant entrusted the gold which the petitioner failed to return and therefore, there is prima-facie offence of criminal breach of trust and in such matters custodial interrogation is necessary and question of recovery is involved. In the circumstances therefore, it is not a fit case to release the petitioner on anticipatory bail. The bail application filed by the petitioner under Section 438 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp