1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1200/2008 (Prem Chand and Ors. Vs. State of Rajasthan) DATE OF ORDER : 25/03/2008 HON'BLE MR.H.R.PANWAR, J. Mr. J.S.Choudhary for the petitioners. Mr. Ashok Upadhayay, Public Prosecutor for State. Dr. S.S.Jodha } Mr. Vijay Purohit } for the complainant. Heard learned counsel for the parties. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioners that the petitioner No.1 Prem Chand, petitioner No.6 Om Prakash, petitioner No.8 Ganpat Lal and petitioner No.9 Manish have not been named by the injured persons in their statements and no overt act has been assigned to them. On careful perusal of the police investigation diary and statement of witnesses, having regard to the facts and circumstances of the case and the fact that injured persons did not name petitioner No.1, Prem Chand, petitioner No.6 Om Prakash, petitioner No.8 Ganpat Lal and petitioner No.9 Manish, I consider it just and proper to allow the bail application filed by the petitioners No.1,6,8 and 9 under Section 438 Cr.P.C. Accordingly, the bail application filed by the petitioner No. 1,6,8 and 9 u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner No.1 Prem Chand S/o Shanker Lal, petitioner No.6 Om Prakash S/o Bhoma Ram, petitioner No.8 Ganpat Lal S/o Kera Ram and petitioner No.9 Manish S/o Urja Ram in CR No. 47/2008 P.S. Sojat City, 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/- alongwith 2 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 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 No.1,6,8 and 9 shall surrender before the trial court on the date of filing of the challan and move a regular bail. However, so far as other petitioners No.2 Bhagta Ram, No.3 Suresh, No.4 Chandan Mal, No.5 Naresh and No.7 Lehra Ram are concerned, they have been specifically named in the statements of injured persons amongst the assailants and therefore, I do not find it a fit case to release the petitioners No.2,3,4,5 and 7 on anticipatory bail. The bail application filed by petitioners No.2,3,4,5 and 7 under Section 438 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp