Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments presented.

JUDGMENT

Vinit Kumar Mathur, J. - This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 565/2012, Police Station ACB, Bhilwara for the offence under Sections 13(1)(d), 13(2) of P.C. Act and 120-B I.P.C.

2. Heard learned Counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. The Counsel for the petitioner submits that co-accused Shambhu Dayal Nagar, Rati Ram and Chandmal Jain have been granted bail by Coordinate Benches of this Court vide orders dated 6.12.2017 and 17.1.2014 and the case of the present petitioner is not distinguishable from the case of the co-accused persons who have already been granted bail.

4. The learned Public Prosecutor opposes the bail.

5. Having regard to the facts and circumstances of the case and upon and consideration of the arguments advanced, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

6. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Vijay Kumar Tiwari S/o Shri Keshar Lal Tiwari in connection with F.I.R. No. 565/2012 Police Station, ACB, Bhilwara the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs. 50,000/- along with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions:

(i) that the petitioner shall make himself available for interrogation by a Police Officer as and when required;

(ii) that the petitioner 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 any Police Officer; and

(iii) that the petitioner shall not leave India without previous permission of the Court.