1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1118/2008 (Harlal Vs. State of Rajasthan) DATE OF ORDER : 19/03/2008 HON'BLE MR.H.R.PANWAR, J. Mr. B.S.Rathore 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 an absolutely false case has been instituted against the petitioner and even the statement of the prosecutrix is looked into as stated, it is highly improbable that in the mid night the prosecutrix and her husband sleeping together, her husband went to lavatory and accused entered and made an attempt on her. Learned counsel further submits that in fact it was the husband of the prosecutrix and others who caused injuries to the petitioner and as many as 5 injuries have been suffered by the petitioner and one of the injury resulted in fracture, as such is grievous and petitioner remained admitted in Govt. Hospital, Bhilwara as indoor patient. He has placed on record the bed head ticket of the petitioner having undergone the treatment for number of days at Govt. Hospital, Bhilwara. It is further contended that after lodging the FIR by the petitioner i.e. FIR No.286/2007, next day the prosecutrix lodged the FIR No.287/07 in order to counter the case registered against her husband. The FIR No.286/07 was lodged a day prior to that of the FIR lodged by the prosecutrix. If the occurrence is taken as stated in the FIR lodged by the petitioner, then with such a 2 grievous injuries having suffered whether one would venture in the midnight to go to somebody's house and wait for husband going out of the room at midnight. In the circumstances, therefore, without commenting on the merit of the case which may prejudice the case of either party at the trial, 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 Harlal S/o Ram Ratan in CR No. 287/2007 P.S. Gulabpura, district Bhilwara, 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/- alongwith 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