// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3739/2009 {Bharat Kumar Vs. The State of Rajasthan} Date of Order ::: 27th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri N.K. Rastogi, Counsel for petitioner Shri Ashok Prajapat, PP for the State Shri Raajesh Soni, Counsel for complainant #### By the Court: Heard learned counsel for petitioner and learned Public Prosecutor as well as learned counsel for complainant, and perused the material made available to me during the arguments of the case. Learned counsel for petitioner argued that complainant filed a criminal complaint in the Court of Judicial Magistrate against eight persons including the petitioner, which was forwarded for investigation under Section 156 (3), Cr.P.C. and, on that basis, the present F.I.R. has been registered; during investigation, the police reached to the conclusion that the allegations against six persons are false, therefore, prima-facie, it // 2 // is clear that the contents of the F.I.R. are not correct or at-least doubtful; petitioner's elder brother Pankaj Kumar, who is husband of complainant, has already been arrested and released on bail under Section 437, Cr.P.C. by the Judicial Magistrate vide order dated 6th July, 2009; there is no specific overt-act against the petitioner, who is brother-in-law (husband's younger brother) of the complainant; he is a student of Engineering Course and in case the benefit of Section 438 Cr.P.C. is not granted to him then his entire career will be ruined. Learned Public Prosecutor as well as learned counsel for the complainant oppose the bail application. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I allow this bail application under Section 438 Cr.P.C. Therefore, the S.H.O./I.O. of Mahila Police Station, Bhilwara, is directed that in the event of arrest of the petitioner Bharat Kumar S/o Vijay Kumar Soni, R/o Pur, Bhilwara, at present studying in J.E.C., Jaipur, in FIR No.40/2009, registered under Sections 498-A and // 3 // 406 of the I.P.C., he shall enlarge him on bail, provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one surety of the like amount to his satisfaction on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required; (ii)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; (iii)He shall not leave India without the previous permission of the Court. (NARENDRA KUMAR JAIN), J. //Jaiman//