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Anand Singh S/o Shri Babu Singh vs State of Rajasthan

Rajasthan High Court · Decided on 10 May 2017 · Citation: (2017) 05 RAJ CK 0048

HON’BLE JUDGES
Sandeep Mehta
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-420>Section 420</a>, <a href=1767-468>Section 468</a>, <a href=1767-471>Section 471</a>, <a href=1767-467>Section 467</a> - Punishment of criminal conspiracy -
CASE NUMBER
3080 of 2017
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Judgment

31 paragraphs · 333 words
1.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

2.

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.

3.

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.

4.

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.

5.

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.