1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. CRIMINAL MISC. BAIL APPLICATION NO.6770/2009 Hamida Khan vs. State of Rajasthan Date of Order :: 07.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Ms. Shabani Qureshi, Counsel for the petitioner. Mr. Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Ms. Shabana Qureshi, Advocate on behalf of the applicant Hamida Khan pertaining to F.I.R. No. 258/2008 of police station Malakhera, District Alwar registered for the offence under Section 16/54 of Rajasthan Excise Act. Heard learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the record of the case. Learned counsel for the petitioner has canvassed that the petitioner is the registered owner of Vehicle RJ 32 G 2875, which was stolen by somebody and thereafter he lodged FIR No. 577/2008 with the police Station, Deeg, District Bharatpur. Who stole the vehicle was not known to the petitioner. Now another FIR No. 258/2008 has been registered by the police on 12th September, 2009, wherein 50 bottles of illicit liquor are 2 alleged to have been transported by the driver of the vehicle. The petitioner is being falsely implicated by the police, whereas he is in no way connected with the alleged offence in the instant case. The petitioner is innocent man. Hence, he may be granted bail. Learned Public Prosecutor has albeit opposed this bail application, but fairly conceded that copy of the FIR No. 577/2008 registered at Police Station, Deeg has not been filed by the petitioner in the instant case and that is the reason that the police is still proceeding against the petitioner. Having considered the submissions made at the bar and perused the material on record, I do feel that the instant case is one, wherein the petitioner is entitled to seek anticipatory bail as he does not know who stole the vehicle and by whom the vehicle was being misused for transporting the illicit liquor. Therefore, the SHO/I.O. Of the Police Station Malakhera, District Alwar is directed that in the event of arrest of the petitioner Hamida Khan S/o Nijar Khan in FIR No. 258/2008 registered for offence under Section 16/54 Rajasthan Excise Act, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.1,000/-(Rs. One Thousand Only) with one surety in the like amount to his satisfaction on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required: (ii)He shall not directly or indirectly make any inducement, threat or promise 3 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)He shall not leave India without the previous permission of the Court. (iv)He will not commit any offence during the period of bail. (MAHESH BHAGWATI), V.J. DK/-