1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7489/2010 Billu Vs. State Date of order : 25/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Tanveer Ahmed for the petitioner. Shri Piyush Kumar, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that learned court of sessions has wrongly rejected the bail application of the petitioner. In the rejection order, it has mislead the evidence and has mistaken the petitioner's identity with that of co-accused Bablu, whereas the name of the petitioner is Billu. It has wrongly been stated that there is specific overt act against the petitioner, whereas in none of the statements of the witnesses, petitioner has been assigned any specific role. The learned court of sessions has already granted the pre-arrest bail to other co-accused Vijay Singh, Bhagwan Singh, Mohini and Badan on consideration of the fact that no specific role has been assigned to them, whereas the case of the petitioner is exactly at par with that of four accused, who have been granted bail. Learned Public Prosecutor has opposed the bail application, however, he could not dispute the factual contents and the submissions made by the learned counsel for the petitioner that the case of the petitioner is 2 similar to that of four other accused, who have already been enlarged on anticipatory bail and that no specific role has been assigned to petitioner and it was accused Bablu who has been assigned the role. Having regard to the submissions made at the bar, the nature of accusation against the petitioner, the materials collected so far during the course of investigation and all other facts and circumstances of the case, I deem it just and proper to grant the indulgence of pre-arrest bail to the petitioner. In the result, this bail application u/S.438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Billu S/o Prabhu Singh in FIR No.142/2010, P.S. Sewar, Bharatpur for offences under Sections 143, 323, 341, 307 of IPC, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each to his satisfaction on the following conditions: - 1) that the petitioner shall make himself available for interrogation by a police officer as and when required; 2) that the petitioner 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 any police officer; and 3) that the petitioner shall not leave India without previous permission of the Court. (MOHAMMAD RAFIQ), J. RS/