1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.2734/2007 (Mahaveer Prasad & Anr. vs. State of Rajasthan) DATE OF ORDER : July 05, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.S.L.Jain, for the petitioners. Mr.Ashok Upadhyaya, Public Prosecutor for State. Mr.R.S.Gill, for the complainant. Heard learned counsel for the petitioners as well as the Public Prosecutor for the State assisted by counsel for the complainant. Perused the order impugned and the police investigation diary. Learned counsel for the petitioners submits that the cheque of which allegation of misusing by the petitioners was dishonoured and a complaint on account of dishonour of said cheque was filed by the petitioners under section 138 of the Negotiable Instrument Act, 1881 (for short `the Act' hereinafter) against the complainant but the same has been compromised. Learned counsel for the petitioners has placed on record the order of the trial court, whereby parties have entered into the compromise and the complaint filed by the petitioners under section 138 of the Act has been dismissed. Learned counsel for the petitioners further submits that the petitioners have no 2 cheque belonging or issued by the complainant with them. Learned counsel for the complainant submits that as many as seven cheques duly signed by the complainant are left with the petitioners. Learned counsel for the petitioners makes a specific statement that firstly no cheque as on date signed by the complainant is with the petitioners, however, if any cheque is there, then it is of no use as the petitioners shall never use that cheque as there remains no dues to the complainant. In this view of the matter and having considered the totality of facts and circumstances of the case, I think it just and proper to grant anticipatory bail to the petitioners. Accordingly, it is directed that in the event of arrest of petitioners Mahaveer Prasad s/o Kashi Ram and Dwarka Prasad s/o Kashi Ram in FIR No.23/2007, P.S. Suratgarh, Distt. Sri Ganganagar, 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/- along with one surety of like amount each 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:- 3 (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. (H.R.PANWAR),J. m.asif/-