O.P.BISHNOI, J. - (1.) HEARD learned counsel for the applicant(s) and the learned Public Prosecutor for the State and perused the case diary. The recovery of the contraband was made on 4.9.2002. One Shambhoo Jat was allegedly arrested and the recovery was made. The prosecution case is to the effect that the police learnt about the name of the present petitioner from Shambhoo Jat.
(2.) NEEDLESS to say that the evidence of the co-accused recorded by the police is not admissible in evidence. There is no other evidence on the basis of which the petitioners can be connected with the crime. In the facts and circumstances of the case, the application under Section 438, Cr.P.C. is allowed and it is ordered that in the event of his/her/their arrest in connection with FIR Case No. 203/2002 Police Station Chanderia, Chittorgarh the accused-applicant(s) Balu Ram S/o Udai Ram r/o Panch-Deola P.S. Bhadepur, District Chittorgarh shall be enlarged on bail provided he/she/each of them furnishes a personal bond in the sum of Rs. 10,000/- with two sureties of Rs. 5,000/- each to the satisfaction of the concerned Investigating Officer on the following conditions : 1. that the applicant(s) shall make himself/herself/themselves available for interrogation by a Police Officer as and when required. 2. that the applicant(s) 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 to any police officer. 3. that the applicant(s) shall not leave India without the prior permission of the Court. Application allowed. ;