Annu Devi vs State Of Rajasthan

Heard learned counsel for the parties and also perused the material on record.

The petitioner apprehends her arrest in connection with FIR/CR No.204/2019 of Police Station Udaimandir, District Jodhpur for the offences punishable under Sections 420 and 406 IPC. She has preferred this anticipatory bail application under Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation against the petitioner of committing cheating with the complainant is false. It is submitted that as per the complainants, they purchased a plot from the petitioner through sale agreement on 12.06.2012, however, on 31.07.2018, they got registered the sale-deed in relation to that plot from the power of attorney holder of the petitioner. It is submitted that the petitioner never executed any power of attorney in favour of one Ramesh Dewasi. It is also submitted that the petitioner already got published a general information through the advocate in the daily newspaper to the effect that she did not execute any power of attorney in relation to the aforesaid plot in favour of anybody. It is further submitted that the petitioner is being lawful owner of the said plot sold it through registered sale-deed to one Vikram Singh on 06.11.2018, however, the complainants filed a complaint against the petitioner for the first time on 14.05.2019. Learned counsel for the petitioner has submitted that the petitioner has also filed FIR against the complainants and Ramesh Dewasi alleging that they prepared forged power of attorney and agreement to sell and in that FIR the investigation is still going on. It is also submitted that the petitioner being a lady has falsely been implicated in this case, therefore, she is entitled to be granted benefit of anticipatory bail.

Learned Public Prosecutor as well as learned counsel for the complainants have vehemently opposed the bail application and submitted that the petitioner earlier sold the plot to the complainants and later on, further sold the same to some other person and as such she has committed offences of cheating and misappropriation of money. Learned counsel for the complainants have frankly admitted that till date the complainants have not filed any suit for specific performance or have not initiated any proceeding for cancellation of the sale-deed executed by the petitioner in favour of Vikram Singh on 06.11.2018.

Having regard to the totality of the facts and circumstances of the case and after perusing the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner - Annu Devi D/o Pema Ram in FIR/CR No.204/2019 of Police Station Udaimandir, District Jodhpur she shall be enlarged on bail provided she furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

(i) She shall make herself available for interrogation by Investigating Officer as and when required;

(ii) She 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 to any Police Officer;

(iii) She shall not leave India without the previous permission of the court.