MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Girish Khandelwal Advocate on behalf of the applicants pertaining to F.I.R. No. 61/2009 of police station Tehla (Alwar) in the offences 447 and 379 of IPC.
(2.) HEARD learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the relevant material available on record. Learned counsel for the petitioners has canvassed that the co-accused Bijju Singh has already been enlarged on anticipatory bail by the co-ordinate Bench and Lala, Ram Singh and Khaman Singh were enlarged on bail by the Additional Sessions Judge, Rajgarh. The case of the petitioner is similar to that of the co-accused Bijju Singh. A civil case has been pending between the parties in the civil court. The ownership of the land is disputed, hence, he may be granted indulgence of anticipatory bail. Learned Public Prosecutor appearing for the State has opposed the bail petition. Having considered the submissions made at the bar and perused the relevant material available on record, I, without expressing any opinion on the merits of the case, feel that it is a fit case wherein petitioners can be granted anticipatory bail and the bail petition is ordered to be allowed. Therefore, the SHO/I.O. Of the Police Station Tehla, Alwar is directed that in the event of arrest of the petitioners namely Mahendra Singh S/o. Chotu; and Jitu S/o. Moti Singh in FIR No. 61/2009 registered in the offences under Sections 447 and 379 of IPC, he shall enlarge them on bail provided they furnishes personal bond each in the sum of Rs.25,000/- with a surety bond each in the like amount, to his satisfaction on the following conditions:- (i) They shall make themselves available for interrogation by Investigating Officer as and when required: (ii)They 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; (iii)They shall not leave India without the previous permission of the Court. (iv)They will not commit any offence during the period of bail. ;