The court granted anticipatory bail under Section 438 Cr.P.C. due to parity with co-accused who had previously been granted bail.

Order :

KULDEEP MATHUR, J

1. This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.176/2013, registered at Police Station Maha Mandir, District Jodhpur for the offences under Sections 409, 420, 467, 468, 471, 474 and 120-B of IPC.

2. Learned counsel for the petitioner submitted that co-accused persons namely Manohar Lal (S.B. Criminal Misc. Bail Application No.3790/2014) and Vikas Garg (S.B. Criminal Misc. Bail Application No.3269/2014) have already been enlarged on anticipatory bail under Section 438 Cr.P.C. by the coordinate Bench of this Court vide orders dated 09.10.2014 and 22.05.2014 respectively. Learned counsel submitted that the case of the present petitioner is not worse than that of the above named co- accused persons who have already been enlarged on anticipatory bail and thus, no fruitful purpose would be served by sending the petitioner behind the bars. It was prayed that therefore, the petitioner may be released on anticipatory bail.

3. Per contra, learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on anticipatory bail by the co-ordinate Bench of this Court.

4. Heard the learned counsel for the parties at Bar and perused the impugned order.

5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the Bar, 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- Radheshyam S/o Shri Poonam Chand in connection with F.I.R. No.176/2013, registered at Police Station Maha Mandir, District Jodhpur, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- each 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.