1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. CRIMINAL MISC. BAIL APPLICATION NO. 6759/2009 Kamlesh Sharma vs. State of Rajasthan Dated : 02.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ashvin Garg, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Ashvin Garg Advocate on behalf of the applicant Kamlesh Sharma pertaining to F.I.R. No. 127/2009 of police station Thanagaji, District Alwar in the offences under Sections 353, 427 and 504 of IPC. 2. Heard learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. The petitioner is alleged to have been involved in the offences under Sections 353, 427 and 504 of IPC. Learned counsel for the petitioner has canvassed that the allegations levelled against the petitioner are of deterring the complainant Ratan lal in discharging his official duties. The petitioner is found to have gone on the next date of incident threatening him that he will not be allowed to continue in this primary health center. The facts as alleged does not constitute an offence under Section 353 of IPC against the petitioner. Rest of the offences under Sections 427 and 504 of IPC are bailable, hence, he may be granted indulgence of anticipatory bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 2 5. Having considered the submissions made at the bar and perused the relevant material available on record, I, without expressing any opinion on the merits of the case, feel that it is a fit case wherein petitioner can be granted anticipatory bail and the bail petition is ordered to be allowed. 6. Therefore, the SHO/I.O. Of the Police Station Thanagaji, District Alwar is directed that in the event of arrest of the petitioner Kamlesh Sharma S/o. Nathuram in FIR No. 127/2009 registered in the offences under Sections 353, 427 and 504 of IPC, he shall enlarge him on bail provided he furnishes personal bond in the sum of Rs.5,000/- with a surety bond each in 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. (iv)He will not commit any offence during the period of bail. (MAHESH BHAGWATI), J. Mak/- s-34