Cr.M.P.(M) No. 868 of 2008 9.9.2008 Present: Mr. Neeraj Gupta, Advocate for the petitioner. Mr. Rajinder Dogra, Addl. A.G. with Mr. Vikas Rathore, Dy. A.G. for the respondent. This is an application under Section 438 of the Code of Criminal Procedure for granting anticipatory bail to the petitioner in a complaint initiated at the instance of Mr. Chet Ram on the basis of which F.I.R. No. 44 of 2008 was registered on 7.7.2008 at Police Station, Shilai, under Section 420 of the Indian Penal Code. Heard and perused the status report. The learned Additional Advocate General has resisted the bail application on the only ground that the petitioner has not supplied to the police the original copy of the disability certificate. Mr. Neeraj Gupta submits that the petitioner is not in possession of the original certificate and his client has not mentioned about the certificate in her application. The petitioner has been interrogated. It is not the case of the prosecution that the petitioner shall not be available for interrogation in case she is enlarged on pre-arrest bail. The custodial interrogation of the petitioner being pregnant is not necessary in this case. She has made out a case for the grant of pre-arrest bail under Section 438 of the Code of Criminal Procedure. Therefore, the application is allowed and the petitioner, in the event of arrest, is ordered to be released on bail in F.I.R. No. 44 of 2008 dated 7.7.2008 registered at Police Station, Shilai, under Section 420 of the Indian Penal Code on her furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Arresting Officer subject to the condition that petitioner shall join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. It is made clear that the petitioner shall co-operate with the Investigating Officer for obtaining her sample handwriting and signatures in accordance with law, if required by the Investigating Officer. The observations made in the order shall not be construed as expression of opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. September 9, 2008. (cr)