M.R.Calla - (1.) Mr. Dixit has submitted that in this case the F.I.R. was lodged on 2.8.1991 whereas the incident is said to have taken place in the month of September, 1990. The allegation is of commission of the theft of pothi (Hindi words) of the complainant who is said to be a Pandit and contains certain records of Yajmans. The co-accused Bhanwarlal has already been granted bail u/s. 436, Cr.P.C. by the Additional District and Sessions Judge, Neemkathana. The AddI. Distt. & Sessions Judge, Neemkathana has mentioned in the order granting bail to Bhanwarlal and rejecting the bail application of the present accused petitioners that Bhanwarlal did not accompany the person who had gone to commit the theft of the Pothi, whereas the present accused-petitioners are alleged to be in the company of persons who had gone for committing of the theft of the Pothi.
(2.) Without expressing any opinion on the merits of the case, I am inclined to accept this bail application u/s. 438, Cr.P.C. to the petitioners.
(3.) The SHO/Arresting Officer/Investigating Officer, Police Station Srimadhopur Distt. Sikar in F.I.R. No. 159/91 is therefore, directed that the petitioners 1, Satya Narain son of Shri Bhanwarlal resident of Shatiali, Tehsil Phagi Distt. Sikar and 2. Fateh Lal son of Shri Madan Lal by caste Badva, resident of Ghatiali, Tehsil phagi, Distt. Sikar shall be released on bail, provided each of them furnished a personal bond in the sum of Rs. 5,000/- (Five Thousand) with one surety in the like amount to his satisfaction, on the following conditions: 1. that the petitioners shall make themselves available for interrogation by a police officer as and when required; 2. that the petitioners 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 3. that the petitioners shall not leave India without the previous permission of the Court. Application allowed.;