- (1.) HEARD learned counsel for petitioner, learned Public Prosecutor as well as learned counsel for complainant and perused material made available to me during course of arguments.
(2.) LEARNED counsel for petitioner has argued that petitioner has been falsely implicated in this case only because he is a government servant. All other twenty eight accused persons have been enlarged on bail by police at Police Station itself. Petitioner initially filed application for grant of anticipatory bail but learned court of Additional Sessions Judge, Bayana, rejected the same vide order dated 14.06.2010 observing that all alleged offences are bailable and that so far police has not found any substance in allegation for offence under Section 456 IPC. Petitioner now apprehends that he may be arrested. LEARNED counsel further submitted that earlier two cases were registered against complainant by petitioner's side in which police gave final report. The alleged incident pertaining to offence under Section 456 IPC is of 11th whereas another incident took place on 13th of May, 2009, for which present FIR was registered and the incident of 11th could not be made part of it. Even otherwise the matter has been compromised between the parties. LEARNED Public Prosecutor and learned counsel for complainant opposed the bail application. The Investigating Officer, who is present in person in court, did not deny that matter has been formally compromised between the parties but so far compromise deed has not been filed in the court. Taking into consideration all facts and circumstances of case and without expressing any opinion on its merits and demerits, I allow this bail application under Section 438 Cr.P.C. Therefore, the SHO/IO of Police Station Weir, District Bharatpur is directed that in event of arrest of petitioner Umrav Son of Udaibhan Singh, Resident of Badanpura Suhas, Police Station Weir, District Bharatpur in FIR No.93/2009, Police Station Weir, registered under Sections 143, 323, 336, 452 and 379 IPC, he shall enlarge him on bail provided he furnishes a personal bond in sum of Rs.30,000/- with one surety of like amount to his satisfaction on following conditions:- 1. He shall make himself available for interrogation by Investigating Officer as and when required; 2. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer; 3. He shall not leave India without the previous permission of the Court. The bail application stands disposed of.;