1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 707/2008 (Jhakir Hussain Vs. State of Rajasthan) DATE OF ORDER : 18/02/2008 HON'BLE MR.H.R.PANWAR, J. Mr. R.S.Chundawat for the petitioner. Mr. J.P.S.Choudhary, Public Prosecutor for State. Heard learned counsel for the petitioner and Public Prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioner that as against the loan of Rs. 10,000/-, a cheque alleged to have been issued by the petitioner and the same on being presented to the bank was dishonoured and returned unpaid for which complainant Keli Bai filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 before the Judicial Magistrate, Rawatbhata. He has shown me the copy of the complaint. Looking to the facts and circumstances of the case and the fact that the matter is of dishonour of cheque, having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I consider it just and proper to allow the bail application filed by the petitioner under Section 438 Cr.P.C. Accordingly, the bail application filed by the petitioner u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Jhakir Hussain S/o Shri Mohammed Ali Khan in FIR No. 08/2008 P.S. Rawatbhata, district Chittorgarh, he shall be released on bail for a period till the police concludes the investigation and files the challan provided he furnishes a personal bond in the sum of Rs.10,000/- along with one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing 2 of the challan after conclusion of the investigation on the following conditions:- (i)That he shall make himself available for interrogation by a police officer as and when required; (ii)That he 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 he shall not leave India without the previous permission of the Court. The petitioner shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp