- (1.) HEARD learned counsel for the parties and with their assistance perused the material made available during arguments.
(2.) COUNSEL for petitioner submits that the petitioner cannot be connected with the alleged crime while co-accused Gopal Soni and Dheeraj Soni are enlarged on pre-arrest U/s 438 Cr.P.C. bail by the Coordinate Bench vide order dt.07.12.2011 and other co-accused Ritika Dutta and Pawan Kumar Datta are enlarged on post-arrest U/s 439 Cr.P.C. bail vide orders dt.30.03.2012 and 05.08.2011. Learned Public Prosecutor and counsel for the complainant opposed the bail application. Taking note of nature of alleged accusation and the facts brought to the notice of the Court but without expressing any opinion on merits of the case, this Court considers it appropriate to allow this pre-arrest bail application of accused petitioner U/s 438 Cr.P.C. Therefore, the SHO/IO of Police Station Manak Chowk, Jaipur is directed that in the event of arrest of accused petitioner (Deepak Kumar) in FIR-189/2011 for alleged offences he shall enlarge the accused petitioner on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties each of Rs.25,000/- to his satisfaction on the following conditions: (i) Accused petitioner(s) shall make himself/themselves available for interrogation by Investigating Officer as and when requires; (ii) Accused petitioner(s) shall not directly and 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; (iii) Accused petitioner(s) shall not leave India without the previous permission of the trial court; (iv) Accused petitioner(s) shall furnish his/their present correct residential address alongwith contact number and shall also intimate the change, if any, which may take place in future before the trial Court; (v) Accused petitioner(s) shall attend the concerned court whenever directed and found necessary; (vi) The investigating officer shall be at liberty to seek for the remand to police custody, if found necessary from the concerned court. ;