JUDGMENT 1. - Heard learned counsel for the parties and also perused the material on record. 2. Learned counsel for the petitioner has submitted that the accused petitioner has not committed any offence. According to him, the Head Master of the School is the person concerned, who looks after the affairs regarding games for the purpose of selecting and sending the students to various competitions. He has also submitted that he students selected were Kumari Sanju Meena and Rekha Yadav and in their place and Kumari Meenakshi and Kornai Bai were sent for the competition. He has also submitted that on account of over age of the students and with the object to get awards for the School that the students, other than those selected, were sent. He has further submitted that none of the offences alleged against the petitioner are made out and there was no mens rea to commit any offence. 3. Learned Public Prosecutor as well as the learned counsel for the complainant have seriously opposed the bail application. 4. I have given my thoughtful consideration to the rival submissions made by the learned counsel for the parties. I have also perused the averments made in the complaint. In this matter of bail application, it would not be appropriate to go into the detail discussions on the submissions made by the parties. However, it may be noted that the petitioner is the Physical Training Instructor in the School and he was the Incharge of the sports activities. Likewise, Rati Ram was the Assistant Incharge for selecting and sending the students for competitions. A co-ordinate Bench of this Court has dismissed the anticipatory application (4847/2007) of Rati Ram, with a detailed discussion. I have been informed that subsequently, Rati Ram has been taken in custody. 5. Without expressing any opinion on the merits of this case but taking into consideration the First Information Report; the Impugned Order dated 18.7.2007 and the order passed in the Anticipatory Bail application of Rati Ram, I do not deem it just and proper to grant indulgence of anticipatory bail to the petitioner. 6. Consequently, the bail application is dismissed. However, at the request of the learned counsel for the petitioner, the petitioner may surrender before the Court-below.
6. Consequently, the bail application is dismissed. However, at the request of the learned counsel for the petitioner, the petitioner may surrender before the Court-below. In case, the petitioner surrenders and moves an application for bail, the same shall be decided on the same day, in accordance with law.Anticipatory bail refused. *******