Mahendra Kumar and Others vs State of Rajasthan

Harbans Lal, J.—This bail application u/s 438, CrPC has been filed on behalf of the petitioners who apprehend their arrest in F.I.R. No. 80/2002, P.S. Sadri wherein investigation for offences under Sections 498-A and 406, IPC is pending.

Learned Counsel for the petitioners has placed before me a certified copy of the memo whereby the petitioners have deposited with the police the alleged stolen property. He has submitted that in this view of the matter, the petitioners may now be enlarged on anticipatory bail.

Learned P.P. has also conceded that all the articles mentioned in the list filed with the F.I.R. have been deposited with the police but he has opposed the bail application.

Having considered the submission made at the bar and upon a perusal of case diary and considering all the facts and circumstances of the case, the petitioners deserve to be granted anticipatory bail.

In the result this application u/s 438, CrPC is allowed and it is directed that in the event of their arrest, accused-petitioners namely, Mahendra Kumar, Bhanwardas and Vishnu Dayal shall be released by the concerned S.H.O. on bail provided each of them furnishes a personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the concerned S.H.O./ Investigating Officer on the following conditions:

that the petitioners shall make themselves available for interrogation by a police officer as and when required:

that the petitioners 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.

that the petitioners shall not leave India without the prior permission of the Court.