BailAppl 266/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Misc. Bail Application No.266/08 Sri Mohan Versus State DATE OF ORDER : 05/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.K. Gupta, for accused-applicant Mr. R.P. Kuldeep, Public Prosecutor *** Heard learned counsel for the applicant as well as learned Public Prosecutor for the State and perused the material on record. Counsel submits that present accused-applicant and Thandi S/o Hanna jointly filed bail application u/s.438 Cr.P.C. before learned trial Judge which was dismissed by a common order dated 8th October, 2007 and so far as co-accused Thandi is concerned, his bail application u/s.438 Cr.P.C. has been accepted by this court in Bail Application No.7876/07 on 29th November, 2007. Counsel further submits that neither he was named in the FIR nor at any later point of time or during investigation no prosecution witnesses deposed against him which can implicate the present accused-applicant with the alleged offence. This fact could not have been controverted by Public Prosecutor. Present accused-applicant is similarly situated to that of co-accused Thandi. Without going into merits of the matter, this court is of the opinion that no purpose is going to be served in arresting the accused-applicant. BailAppl 266/08 [2] Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits of the case, I allow the bail application of the applicant U/s 438 Cr.P.C. Therefore, the SHO/IO of Police Station Sapotra, District Karauli is directed that in the event of arrest of the applicant Sri Mohan S/o Ramdhan in FIR No.22/07, registered U/ss.365, 353, 332 & 302 IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- to his satisfaction on the following conditions: (i) He shall make himself available for interrogation by Investigating Officer as and when requires; (ii) He shall not directly 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. [AJAY RASTOGI], J. FRBOHRA266Bail Application2008 5-2.doc