1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1505/2008 (Harshad Ram & Ors. Vs. State of Rajasthan) DATE OF ORDER : 22/04/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Surendra Surana for the petitioners. Mr. Ashok Upadhayay, Public Prosecutor for State. Heard learned counsel for the petitioners and Public Prosecutor for the State. Perused the order impugned and police investigation diary. The petitioner No.2 is purchaser and petitioners No.3 and 4 are attesting witnesses to the purchase and have identified the seller petitioner No.1. The allegation against the petitioner No.1 Harshad Ram is that without having a title to the land, he transferred the land by way of sale in faovur of the petitioner No.2 belonging to the complainant. In the circumstances, therefore, in my view, it is not a fit case to release the petitioner No.1 Harshand Ram on anticipatory bail. The bail application filed by petitioner No.1 Harshad Ram under Section 438 Cr.P.C. is therefore, dismissed. However, having regard to the facts and circumstances of the case and the fact that the petitioner No.2 is bonafide purchaser and attesting witnesses petitioners No.2 and 3 have rightly identified the petitioner No.1, I consider it just and proper to allow the bail application filed by the petitioners No.2,3 and 4 under Section 438 Cr.P.C. Accordingly, the bail application filed by the petitioners No.2,3 and 4 u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Janardan S/o Babu Lal Vaishnav, Prashant S/o Harshad Ram and Pradeept S/o Janardan 2 in CR No.23/2008 P.S. Sawroop Ganj, they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- alongwith one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:- (i)That they shall make themselves available for interrogation by a police officer as and when required; (ii)That they 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 they shall not leave India without the previous permission of the Court. The petitioners No.2,3, and 4 shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp