1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7963/2010 Indra Mohan & Ors. Vs. State Date of order : 17/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Mukesh Kumar Verma for the petitioners. Shri Peeyush Kumar, P.P. for the State. ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioners is that mother of one petitioner no.1 has lodged an FIR against the petitioners for offence u/s.147, 452, 149, 379, 323, 354, 336 and 341 of IPC and 3/25 of Arms Act on allegation that petitioner had forcibly took certain domestic items and jewellery items from the residence, whereas they were all personal items of petitioner and her wife. The wife of the petitioner Anita Raj earlier lodged a complaint against the complainant party for offence u/s.498A and 406 of IPC with regard to her Stridhan. Petitioner and her wife were living separately and when the petitioner went to the house of complainant to take his personal belongings and that of his wife, the present false case has been lodged. On consideration of this argument, this Court was persuaded to grant bail u/s. 438 Cr.P.C. to co- accused Anita Raj by order dated 4.8.2010. Learned Public Prosecutor has opposed the bail application. Having regard to the submissions made 2 at the bar, the nature of accusation against the petitioners, 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 petitioners. 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 petitioners (1) Indra Mohan S/o Bhagwat Prasad, (2) Chandra Kant S/o Gordhan, (3) Narendra S/o Chandra Kant and (4) Vishbendra S/o Chandra Kant in FIR No.146/2010, P.S. Kherli, District Alwar, for offences under Sections 147, 452, 149, 379, 323, 354, 336 and 341 of IPC and 3/25 of Arms Act, they shall be released on bail by the concerned SHO/Investigating Officer, provided each of them 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 petitioners shall make themselves available for interrogation by a police officer as and when required; 2) that the petitioners 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 them from disclosing such facts to the court or any police officer; and 3) that the petitioners shall not leave India without previous permission of the Court. (MOHAMMAD RAFIQ), J. RS/