BailAppl 813/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Misc. Bail Application No.813/08 Bhanwarlal & Anr. Versus State DATE OF ORDER : 05/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Anoop Dhand, for accused-applicants Mr. Santosh Kaushik, for complainant Mr. R.P. Kuldeep, Public Prosecutor *** Heard learned counsel for the applicants as well as learned Public Prosecutor for the State and so also Mr. Santosh Kaushik, who is appearing for complainant and perused the material on record. Counsel for applicant submits that other co- accused, who were sellers of the disputed property, have been released on bail by this court u/s.438 Cr.P.C. in Bail Application No.7516/06 vide order dated 2nd January, 2007 where it has been observed that matter between the parties who are related is of civil nature and a civil suit in this behalf has been filed which is pending consideration. Counsel further submits that so far as present accused-applicants are concerned, they were only attesting witnesses and they too are entitled to take protection extended by this court to other co-accused, of which reference has been made supra. Without going into merits of the matter, this court is of the opinion that no purpose is going to be served in arresting the accused-applicants. BailAppl 813/08 [2] Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits of the case, I allow the bail application of the applicants U/s 438 Cr.P.C. Therefore, the SHO/IO of Police Station Kotwali, Sikar is directed that in the event of arrest of the applicants [1] Bhanwarlal & [2] Mahendra Singh in FIR No.396/05, registered U/ss.467, 468, 471, 453, 380 & 120B IPC, he shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- to his satisfaction on the following conditions: (i) They shall make themselves available for interrogation by Investigating Officer as and when requires; (ii) They shall not directly 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; (iii) They shall not leave India without the previous permission of the court. [AJAY RASTOGI], J. FRBOHRA813Bail Application2008 5-2.doc