CHATRA RAM JAT, J. - (1.) HEARD learned counsel for the petitioner as well as Public Prosecutor and perused the challan papers.
(2.) LEARNED counsel for the petitioner states that complainant Mahesh Kumar lodged report on 2.2.2007 whereas the petitioners name firstly taken by witness Lichman Ram in his statement under Section 161 Cr.P.C. dated 12.11.2007 and challan has been filed under Section 299 Cr.P.C. and petitioner is ready and willing to appear before the trial Court and petitioner may be released on anticipatory bail. Learned Public Prosecutor opposed the bail application and submits that looking to the seriousness of the offence, it is a case for grant of anticipatory bail.
(3.) AFTER going through the challan papers and hearing the arguments, this bail application under Section 438(3) Cr.P.C. is allowed and learned trial Court is directed to issue a bailable warrant in the sum of Rs. 10,000/ - in conformity with the direction under sub section (1) in FIR No. 38/2007 P.S. Sadar, Sikar. In the result, this bail application u/s 438 Cr.P.C. is allowed as indicated hereinabove. Application allowed.;