S.B.CRIMINAL MISC. II BAIL APPLICATION NO.2962/2007 Date : 18.07.2007 HON'BLE MR. SATYA PRAKASH PATHAK, J. Mr. G.R. Punia for the applicant. Mr. O.P. Rathi, Public Prosecutor for State. The present application under section 438 Cr.P.C. has been filed by the accused applicant for grant of anticipatory bail in FIR No.352/2004, Police Station Nimbahera District Chittorgarh. I have heard learned counsel for the applicant as well as learned Public Prosecutor for the State and carefully gone through the impugned order. The contention of learned counsel for the applicant is that in the present case contraband material was recovered from a truck whose driver ran away and two persons found in the truck namely Shyamlal and Bhakaram, were arrested. His submission is that the accused applicant was neither found in the truck nor else where but he has been involved in the case on the basis of some conversation which is said to have been over-heard by Mst. Kanku Devi. He submits that no contraband material was recovered from the accused applicant and no person in any manner has involved him in the present case. He further submits that after complete trial, the case has resulted in acquittal of the main accused and as regards Mst. Kanku Devi's statement is concerned, in her statement before the Court she has denied any conversation having been heard by her. In last, he submits that Rana Ram, driver of the said truck, who ran away from the spot leaving the truck, has been granted bail by this Court in S.B. Cr. Misc. II Bail Application No.5032/2006 vide order dated 16.11.2006. On the other hand, learned Public Prosecutor has opposed the bail application. I have considered the submissions made before me. Without expressing any opinion on the merit of the case while taking into consideration the overall facts and circumstances of the present case, I deem it just and proper to grant anticipatory bail to the applicant. Accordingly, it is directed that in the event of arrest of applicant Madan Lal s/o Prabhulal by I.O./S.H.O. in FIR No.352/2004 P.S. Nimbahera, District Chittorgarh,he shall be released on bail provided he furnishes a personal bond in the sum of Rs.30,000/- alongwith two sureties of Rs.15,000/- each to the satisfaction of Investigating Officer on the following conditions:- (i)That he shall make himself available for interrogation by a police officer as and when required; (ii)That 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 and; (iii)That he shall not leave India without the previous permission of the Court. (SATYA PRAKASH PATHAK), J. vij