1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1211/2008 (Gajadhar Vaishnav Vs. State of Rajasthan) DATE OF ORDER : 27/3/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Deepak Menaria 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 petitioner is owner of the transport company and goods in two trucks i.e. Marble was loaded by its Manager Pratapsingh for destination Baramulla and if at all any offence of criminal breach of trust or misappropriation is committed then it is the driver or the owner of the vehicle but so far as the present petitioner is concerned, he has not played any role for such an offence. Looking to the facts and circumstances of the case and having perused the statement of Manager Pratapsingh, 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 Gajadhar Vaishnav S/o Shri Sukhdas Vaishnav in FIR No. 9/2008 P.S. Amaba Mata, Udaipur, 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 to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing 2 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