IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Bail Application No.3377/2010 Mahendra Singh & anr Vs State of Rajasthan through PP 8.4.2010 HON'BLE MR JUSTICE MN BHANDARI Mr Kamlesh Bhinda - for the petitioners Mr GS Rathore, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for petitioner submits that main allegations, if any, exist against Udaibhan. Otherwise, petitioner No.2-Deependra Singh has been married recently. Thus, petitioners may be granted anticipatory bail. On the other hand, learned Public Prosecutor has opposed the bail application. After taking into consideration the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, looking to the facts of this case, I allow this bail application under Section 438 CrPC so far as petitioner No.2-Deependra Singh is concerned. Therefore, the SHO/IO of the Police Station – Neem Ka Thana, District – Sikar is directed that in the event of arrest of the petitioner No.2-Deependra Singh in FIR No.139/2010 registered for offence under Section/s 143, 452, 341, 323 and 336 IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.25,000/- with one surety 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 previous permission of the Court. (iv) He shall not commit same and similar offence during the period of bail. So far as petitioner No.1-Mahendra Singh is concerned, learned counsel for petitioners wants to withdraw the bail application with liberty to surrender before the court below. In view of aforesaid statement of learned counsel for petitioners, the bail application of petitioner No.1 is dismissed as withdrawn. However, petitioner No.1 would be at liberty to surrender before the court below and if the petitioner No.1 surrenders before the court below and file a fresh bail application, then the court below is expected to hear and decide the same expeditiously and, if possible on the same day. (MN Bhandari), J. bnsharma