S.B. Cr. Bail Application No. 1165/2008 (Kashiram Vs. State of Rajasthan) Date of order : 25.03.2008 HON'BLE MR.H.R.PANWAR,J. Mr. S.S.Choudhary for the petitioner. Mr. Ashok Upadhyay, P.P. Mr. R.S.Rathore for the complainant. Heard learned counsel for the petitioner and public prosecutor for the State as also counsel appearing for the complainant. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that the petitioner has been falsely implicated. On the contrary, learned public prosecutor opposed the bail application and contended that there is statement of complainant as well as witness Surajmal in whose presence the Gems were entrusted to the petitioner which the petitioner failed to return, as such committed the offence of criminal misappropriation and in such matters custodial interrogation is necessary in order to recover the subject matter of the offence. Keeping in view the serious allegation, in my view, 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