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Judgment
Dalip Singh, J.—Heard Learned Counsel for the petitioner and the learned Public Prosecutor and perused the case diary.
The submission of the Learned Counsel for the petitioner is that the present FIR is actuated on account of the fact that the petitioner had advanced a sum of money to the informant and as a result of the petitioner seeking recovery of the said amount earlier also an FIR was lodged by the informant Prem Devi for the offences under Sections 406 and 504 IPC. but the petitioner was granted anticipatory bail by the learned Sessions Judge vide order dated 22.03.2006. It is also submitted that the present FIR has also been lodged on account of the aforesaid fact that the petitioner had sought the recovery of the said amount and the telephonic call in question on 18.01.2007 was made by the petitioner only for the purposes of seeking recovery of the amount.
In the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant the benefit of Section 438 Cr.P.C. to the accused petitioner.
Accordingly, the bail application u/s 438 Cr.P.C. is allowed. The concerned S.H.O. is directed that in the event of the arrest of accused petitioner Ugam Ram son of Shri Rampal, in connection with FIR No. 20/2007 Police Station, Ramganj, District Ajmer, he shall be released on bail on furnishing personal bond in the sum of Rs. 20,000/- and two sureties in the sum of Rs. 10,000/- each to his satisfaction on the following conditions.
(i) He shall make himself available for interrogation by the Investigating Officer as and when required;
(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer.
(iii) Shall not leave India without the previous permission of the Court;
(iv) Shall not commit similar offence.