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Judgment
31 paragraphs · 333 wordsHeard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
This anticipatory bail application has been filed by the
petitioner apprehending his arrest in connection with F.I.R.
No.353/2016, registered at Police Station Kudi Bhagtasani, District
Jodhpur for the offences under Sections 420, 467, 468, 471 and
120B IPC.
Learned counsel for the petitioner submits that the petitioner
is a bonafide purchaser and has himself been cheated by
Mr.Rajendra Phophaliya. He contends that the I.O. has examined
complete accounts of the petitioner and his family members and
due verification has been made of the fact that consideration
amount to the tune of Rs.43,00,000/- was genuinely paid to the
main accused Mr.Rajendra Phophaliya for purchasing the disputed
property. He urges that as a matter of fact, the petitioner has
himself been cheated by Mr.Rajendra Phophaliya.
In view of the above situation and having regard to the facts
and circumstances available on record, but without expressing any
opinion on the merits of the case, it is considered to be just and
proper to grant anticipatory bail to the petitioner.
Accordingly, the instant bail application is allowed and it is
directed that in the event of arrest of petitioner Anand Singh in
connection with F.I.R. No.353/2016, registered at Police Station
Kudi Bhagtasani, District Jodhpur, the petitioner shall be released
on bail; provided he furnishes a personal bond in the sum of
Rs.50,000/- along with two sureties of Rs.25,000/- each to the
satisfaction of the concerned Investigating Officer/S.H.O. on the
following conditions :-
(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;
(ii). 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 him from disclosing such facts to the court or any police officer; and
(iii). that the petitioner shall not leave India without previous permission of the court.
