// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3470/2009 {Prakash Chandra & Another Versus State of Rajasthan} Date of Order ::: 28th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Sudhir Sarashwat, counsel for the petitioners Shri Mahipal Bishnoi, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. The learned counsel for the petitioners submitted that as per initial notice dated 26th May, 2009 under Section 6A of the Essential Commodities Act, it is borne out that as per statement of Shaitan Ram, the commodity in question i.e. wheat was belonging to Pawan Kumar, but at the time of lodging of the report, the complainant also added the name of petitioner no.1 Prakash Chandra, the father of Pawan Kumar. The case diary was summoned. The // 2 // learned PP read the statement of Shaitan Ram, from whose residence the illegal storage of wheat was found and he confirmed that initially Shaitan Ram stated that wheat belongs to Pawan Kumar and the name of Prakash Chandra was not taken. The learned counsel for the petitioner, therefore, contended that so far Pawan Kumar is concerned, he will not press his bail application, but indulgence of bail under Section 438 Cr.P.C. be granted to petitioner no.1 Prakash Chandra. In these circumstances, the bail application of petitioner no.2 Pawan Kumar is dismissed as not pressed and it is directed that in case he surrenders himself before the court concerned along-with bail application with advance copy thereof to PP, then the said court will try to dispose of his bail application on the same day. So far as petitioner no.1 Prakash Chandra is concerned, I allow his bail application under Section 438 Cr.P.C. Therefore, the S.H.O./I.O. of the Police Station Anandpur Kalu, District Pali is directed that in the event of arrest of the petitioner No.1 Prakash Chandra S/o Shri Moti Lal in CR No. 49/2009 registered under Section // 3 // (s) 3/7 of the Essential Commodities Act, he shall enlarge him on bail, provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) only with one surety of 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 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. The bail application is partly allowed, as indicated above. (NARENDRA KUMAR JAIN), J. //DK//