1. - Heard both the sides. Mr. Dhankhar argued that with regard to this offence; F.I.R. was lodged and the police investigated the matter. During investigation of the case, the complainant being dissatisfied with the Investing-Officer, filed a complaint before the Magistrate implicating 13 persons including the present petitioner. The police, after investigation, submitted challan against 7 accused only. Though the name of the present petitioner was mentioned in the F. I R., no challan was submitted against him. The learned Magistrate on a private complaint took cognizance against 13 persons including the present petitioner, and issued non-bailable warrant against him.

2. In these circumstances, it has been argued that the present petitioner has been falsely implicated by the complainant; and therefore, he should be ordered to be released on bail.

3. It has been decided by a division bench of this Court that when cognizance has been taken by the Magistrate and after taking cognizance non-bailable warrant in issued; then, an application under section 438 Cr.P.C. can be maintained. In this light 1979 RLW 477 has been referred to me.

4. In view of the above decision, present application of Chhitar is to be considered on merits.

5. I have considered the arguments advanced by the parties; and also perused the judgment of the lower court.

6. In the facts and circumstances of the case, as mentioned above without reflecting anything on the merits of the case, I am of the opinion that it is a fit case where anticipatory bail should be granted to the petitioner.

7. The S.H.O./Arresting Officer, Investigating Officer, P.S.,Chaksu, is therefore, directed that in the event of arrest of petitioner Chhitar in F.I.R. No. 287/83, he be released on bail on his furnishing a personal bond in t he sum of Rs. 51,000/-with one surety in the like amount to his satisfaction on these conditions:

1. that he shall make himself available for interrogation by a police officer as and when required;

2. that 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 from the court or to any police officer; and

3. that he shall not leave India without the prior permission of this Court.

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