1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Bail Application No. 4344/2010 Ram Prakash Gupta Versus The State of Rajasthan through PP 28.5.2010 HON'BLE MR JUSTICE MN BHANDARI Mr Rajneesh Gupta - for petitioner Mr Peeyush Kumar, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that the matter has been settled between the parties. Hence, petitioner may be granted bail. In case the bail application is dismissed, petitioner may be given liberty to surrender before the trial court and if he moves bail application then trial court may be directed to decide it on the same day. On the other hand, learned PP has opposed the bail application moved by the petitioner. There exist previous cases 2 against the petitioner, thus he may not be granted anticipatory bail, however, petitioner may be given liberty to surrender before the court below and to make application for bail. After taking into consideration rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, but looking to the facts of this case, I am not inclined to grant bail to the petitioner. Hence, the bail application is dismissed. However, petitioner would be at liberty to surrender before the court concerned. On surrender, if he files bail application before the court concerned, the court concerned is directed to decide the same expeditiously and, if possible, on the same day. It is made clear that rejection of this bail application under section 438 CrPC may not be taken prejudicial to the petitioner and his bail application may be considered in the light of the submissions to be made before the court concerned. (MN Bhandari), J. bnsharma