CRLMB5176/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5176/2010 Rihana Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 09.07.2010 Hon'ble Mr. Justice Mahesh Chandra Sharma Shri Mohd. Shahid Hasan, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. This bail application has been filed by the petitioner under Section 438 Cr.P.C. Learned Advocate for petitioner contended that the petitioner is a lady and her case comes within exception under Section 437 Cr.P.C. He further contended that the co-accused Akhtar has already been released on bail under Section 438 Cr.P.C. on dated 15.04.2010 by the Coordinate Bench of this Court in S.B. Cr. Misc. Bail Application No.8340/2009 and she is not a habitual offender. Learned Public Prosecutor opposed the bail application. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application under Section 438 Cr.P.C. Therefore, the SHO/I.O. Of the Police Station Jurhara, Bharatpur is directed that in the event of arrest of the petitioner Rihana Wife of Shri Akhtar in FIR No.88/2009, registered under Sections 420, 406 and 120B IPC, he shall enlarge CRLMB5176/2010 // 2 // her on bail provided she furnishes a personal bond in the sum of Rs.25,000/-(Rupees twenty five thousand) with one surety in the like amount to his satisfaction on the following conditions:- 1. She shall make herself available for interrogation by Investigating Officer as and when required; 2. She 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; 3. She shall not leave India without the previous permission of the Court. The bail application stands disposed of. (Mahesh Chandra Sharma) J. //Jaiman//