Chandra Prakash vs State of Rajasthan & Ors

Leave granted.

This appeal challenges the order dated 28.05.2019 passed by the High Court of Judicature for Rajasthan at Jaipur dismissing S.B. Criminal Miscellaneous Bail Application No.787 of 2019 preferred by the present appellant seeking protection under Section 438 Cr.P.C. in connection with FIR No.602 dated 12.11.2018 lodged with Police Station Nayapura, Kota, Rajasthan in respect of offences punishable under Sections 420, 467, 468 and 471 IPC.

According to the allegations levelled by the complainant here, her signatures were forged in connection with certain papers which were submitted with Income Tax Department by the Digitaally spignepd bey llant - husband of the complainant.

While issuing notice on 21.06.2019, following order was passed by this Court:

"Issue notice returnable in two weeks.

In the meantime, the petitioner shall not be arrested. The petitioner is directed to join the investigation. In case the petitioner fails to join the investigation, the respondents will be at liberty to move for cancellation of bail."

We have heard learned counsel for the parties.

We repeatedly asked the learned counsel appearing for the original complainant as to what prejudice was caused as a result of alleged forging of her signatures by her husband. It is not suggested that either the income was inflated or deflated by the husband.

In the circumstances, in our view, case for protection under Section 438 Cr.P.C. is certainly made out.

We, therefore, allow this appeal and direct that in the event of arrest of the appellant in connection with the aforesaid FIR, the Arresting Officer shall immediately release the appellant on bail, subject to his furnishing cash security in the sum of Rs.25,000/- with two sureties of the like amount.

Needless to say that as and when assistance of the appellant is requisitioned, he shall extend complete cooperation to the investigating officer.

The appeal is allowed in aforesaid terms.