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PIYUSH & ORS. v STATE - CRLMB Case No. 5286 of 2007  RD-RJ 5239 (30 October 2007)
S.B.CRIMINAL MISC. BAIL APPLICATION NO.5286/2007
(Piyush & Ors. vs. State of Rajasthan)
DATE OF ORDER : October 30, 2007
Mr.R.K.Charan, for the petitioners.
Mr.Ashok Upadhyaya, Public Prosecutor for State.
Heard learned counsel for the petitioners and the Public
Prosecutor for the State. Perused the order impugned and the police investigation diary.
It is contended by learned counsel for the petitioners that the petitioners are buyers of the wheat, they are trading in Krishi
Upaj Mandi under a valid licence. It is further contended that similarly situated co-accused Paras has been granted bail.
Having regard to the facts and circumstances of the case and the fact that similarly situated co-accused has been granted bail, I consider it just and proper to grant anticipatory bail to the petitioners.
Accordingly, the bail application filed by petitioners under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Piyush s/o Prahlad Garg, Pradeep s/o
Shanti Lal and Satya Narain s/o Kishan Lal in FIR No.478/2007,
Police Station, Pratapgarh, they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- along with one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:-
(i)That they shall make themselves available for interrogation by a police officer as and when required;
(ii)That 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 them from disclosing such facts to the Court or to any police officer and;
(iii)That they shall not leave India without the previous permission of the Court.
The petitioners shall surrender before the trial court on the date of filing of the challan.
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