JUDGMENT 1. - Heard learned counsel for petitioner as well as learned Public Prosecutor appearing on behalf of the State and perused relevant material placed before me. 2. Learned counsel for the petitioner submits that co accused Ram Prasad has already been released on bail by the learned lower court and the case of the petitioner is not different than the case of the co-accused. It is also contended that the money has been deposited in the matter and police had filed FR and now the matter has been reopened. 3. Without expressing any opinion on the merits of this case at this stage and taking into consideration all facts and circumstances of the case, I deem it just and proper to grant indulgence of pre-arrest bail to the petitioner. 4. In the result, this bail application u/S. 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Shiv Dan Singh in FIR No. 164/2004, registered with PS Kotwali, he be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs. 25,000/- together with one surety in the like amount to the satisfaction on the following conditions : 1. that the petitioner shall make himself available for interrogation by a police officer as and when required; 2. that the petitioner 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 any police officer; and 3. that the petitioner shall not leave India without previous permission of the Court. Bail Allowed. *******