JUDGMENT 1. - Present application has been filed under Section 438 Cr.RC. for grant of pre-arrest bail to the petitioner in a case arising out of F.I.R. No. 206/2013, registered at Police Station. Kaithoonipole, Kota, for offences punishable under Sections 420, 406 and 120-B I.PC. 2. This Court on 21.11.2013 had passed the following order:- "Counsel for the petitioner submitted that vide an agreement to sell, Smt. Santosh Solanki had received Rupees two lakh as an earnest money and petitioner is an attesting witness to the agreement to sell. It is contended that now the complainant has raised a dispute that the property which was agreed to be sold was already mortgaged with the Bank. Issue notice to the complainant for 17th December, 2013. Particulars of the complainant shall be submitted in the Registry by counsel for the petitioner within three days. List on 17th December, 2013. Till the next date in the event of arrest, the petitioner shall be released on interim bail." 3. Today, Mr. Liyakat Ali, Advocate had caused appearance on behalf of the complainant. 4. It is not denied by the learned counsel appearing for the complainant, as well as, the learned Public Prosecutor for the State that identification made by the petitioner as an attest' witness is not wrong. That being so, attesting witness cannot vouchsafe the contents of the documents. 5. Therefore, this Court is of the view that custodial interrogation of the present petitioner is not called for. 6. Resultantly, the present application is accepted, and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer. The petitioner shall undertake to abide by the conditions specified under Section 438 (2) Criminal Procedure Code and shall appear before the Investigating Officer as and when called for.Application Allowed. *******