Bhanwar Singh And Anr vs State of Rajasthan

Both these anticipatory bail applications have been filed by the petitioners apprehending their arrest in connection with F.I.R. No. 132/2019, Police

Station Gachchhipura (Nagaur) for the offences punishable under Sections 409, 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code.

Learned counsel for the petitioners appearing through video conferencing stated that the accused-petitioner Raj Kumar (Bail Application No.

12664/2020) is the Sarpanch, who was elected in the year 2015 and the complainant Khema Ram worked at MGNREGA programme since the year

2008 and his job card was prepared in the year 2008 itself, which is available at page number 3 of the documents submitted by the accused-petitioners,

therefore, this allegation is wrong that in the year 2016, fake job card was prepared by the accused-petitioners; that the accused- petitioner Bhanwar

Singh (Bail Application No. 784/2021) is Gram Sevak, a Government Servant, therefore, there is no role of this accused-petitioner in this matter. He

further stated that a departmental inquiry was held by the concerned department in which, the Sarpanch was found negligent; that thereafter the

disputed amount was deposited by the accused-petitioner Raj Kumar, receipts are available on the record at page number 1 & 2 in the set of

documents submitted on behalf of the accused- petitioners; that in compliance of the earlier direction issued by this Court, the accused-petitioner Raj

Kumar joined the investigation; that no investigation is pending against the accused-petitioners, therefore, benefit of interim bail may be granted to the

accused-petitioner.

Per contra, learned Public Prosecutor has opposed the anticipatory bail applications moved on behalf of the accused- petitioners and stated that in the

name of Mukesh, a dead person, job card was prepared by the accused-petitioners but the learned Public Prosecutor has not controverted this fact

that the disputed amount was deposited by the accused-petitioner Raj Kumar and he joined the investigation.

Heard learned counsel for the petitioners appearing through video conferencing and learned Public Prosecutor, present-in- person. Perused the

material available on record.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion

that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C.

Accordingly, both these bail applications are allowed and it is directed that in the event of arrest of petitioners - Bhanwar Singh S/o Rameshwar Singh

(Bail Application No. 784/2021) and Rajkumar S/o Bannaram (Bail Application No. 12664/2020) in connection with F.I.R. No. 132/2019, Police

Station Gachchhipura (Nagaur), both the petitioners shall be released on bail; provided they furnish 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 petitioners shall make themselves available for interrogation by a Police Officer as and when required;

(ii). that the petitioners 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 petitioners shall not leave India without previous permission of the Court.