JUDGMENT 1. - On 26-6-1987, a report was lodged at the Police Station Bhinai, district Ajmer that Shanker Lal and four-five other persons have billed one Bhura Jat, in village Jaswantpura, after dragging him to the forest. The main accused Shanker Lal has been released on bail as challan was not prosecuted in Court within the required time. Another accused Gopal was released on bail on an application under Section 439 Cr. PC. one accused Ranvir Singh is in judicial custody and has not so for himself any bail application for being released on bail- 2. The challan against the present petitioner Dalip Singh was presented by showing him as absconder. He has now moved an application under section 438 Cr.P.C., as his application was rejected by the Sessions Judge, Ajmer. 3. The main accused and another co-accused have already been release don bail and the question to be seen is whether this petitioner can be released on an application under section 438 Cr. PC or he should be first arrested and only after that his application can be considered. It has been submitted that the petitioner is working in district Jhunjhunu and he has been implicated only because he had gone to see the main accused Shanker Singh while he was in the hospital at Ajmer. 4. On the other hand the learned Public Prosecutor has submitted that this petitioner has participated in the offence and inspire of the best efforts of the Police, he could not be arrested and in such circumstances the benefit of anticipatory bail should not be given to him.After considering the contentions of the learned counsel for the parties,it can be said that the petitioner is not required for any purpose by the police. 5. What is to be ensured how is to see, that he faces the trial before the Sessions Judge and does not obstruct the same in any manner and this can be achieved if the petitioner appears before the trial Court and faces the trial, for which a direction can be given. 6. It is, therefore, directed that the petitioner shall surrender before the MJM. Kekri, within a period of ten days from today and if he so surrenders and furnishes a personal bond and a surety in the sum of Rs. 6. It is, therefore, directed that the petitioner shall surrender before the MJM. Kekri, within a period of ten days from today and if he so surrenders and furnishes a personal bond and a surety in the sum of Rs. 5,000/- for his appearance in Court as and when called for to the satisfaction of that Court, he shall be released on bail.Application Accepted. *******