JUDGMENT 1. - This anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by accused petitioners Smt. Madhuri and R.K. Sharma in F.I.R. No. 68/2007 registered at Police Station Clock Tower, Ajmer for the offence under Sections 420 I.P.C. and 103 and 104 of the Trade and Mercantile Act. 2. Heard learned counsel for accused petitioners learned Public Prosecutor for the State and perused the material produced during the course of arguments. 3. Learned counsel for the accused petitioner inter alia contended that the accused petitioners have not been named in the F.I.R. According to the prosecution case on the complaint of one Gautam Lal, owner of the Meera Brand Oil, 30 tins of oil having the trade mark of Meera Brand were seized from the go-down situated at Lohar Basti, Ajmer with which the accused petitioners are not concerned. It was also contended that 125 tins were said to have been recovered from one pick-up vehicle bearing registration No. RJ-02-G-6181 from Padav Police Station Clock Tower, Ajmer with which also the accused petitioners are having no relation. It was further contended that there is no ingredient of cheating even according to the F.I.R. and there is no allegation of dishonestly inducing to any person so deceived to deliver any property and at the most according to the prosecution case it can be an offence under Sections 103 and 104 of the Trade and Mercantile Act which are bailable in nature. Reliance has been placed on the order dated 7.10.2003 passed in S.B. Criminal Misc. Bail Application No. 2853/2003 titled as Rajendra Kumar v. The State of Rajasthan . It was further contended that accused petitioner R.K. Sharma is a bank employee and Smt. Madhuri is a woman who is also not looking after the work of manufacturing the oil and at the time of alleged incident both of them were at Jodhpur looking after their daughter who was hospitalized in Mahatma Gandhi Hospital. It was also contended that co-accused has already been enlarged on bail. 4. Learned Public Prosecutor opposed the bail application. 5. It was also contended that co-accused has already been enlarged on bail. 4. Learned Public Prosecutor opposed the bail application. 5. Without making any observation on merits, having considered the rival submissions made at the bar, material placed during the course of arguments, also keeping in view that it is' not the case of the prosecution that accused petitioners fraudulently and dishonestly induced any person so deceived to deliver any property but according to the prosecution case the complaint has been made by one Gautam Lal, owner of Meera Brand Oil that by misusing his trade brand some persons are selling the oil and considering all other facts and circumstances, I deem it proper to grant the benefit of anticipatory bail to the accused petitioners. 6. In the result, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Smt. Madhuri wife of R.K. Sharma and R.K. Sharma son of Madan Lal Sharma, they shall be released on bail by the concerned SHO/Investigating Officer in F.I.R. No. 68/2007 registered at Police Station Clock Tower, Ajmer provided each of them furnishes a personal bond in the sum of Rs. 20,000/- together with two sureties each in the sum of Rs. 10,000/- to his satisfaction on the following conditions : (1) that the petitioners shall make themselves available for interrogation by a police officer as and when required. (2) that the petitioners 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 petitioners shall not leave India without previous permission of Court. Bail application allowed. *******