Deepak Sharma vs State of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.280/2019, Police Station Bhupalpura, District Udaipur for the offences under Sections 420, 467, 468, 471 & 406 of IPC.

Heard learned counsels for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that the petitioner and the complainant have entered into an agreement in pursuance of which, the transaction of land in question has taken place. He further submits that the petitioner is ready to get the subject piece of land deacquired after moving appropriate proceedings before the competent authority on the condition that the balance amount as agreed by the complainant is paid within a period of six months from the release of the petitioner from Jail. He is ready to comply with his part of the conditions agreed between both the parties. The petitioner will get the subject piece of land deacquired and transfer the same in favour of the complainant or the persons mentioned by the complainant within a further period of six months from the date on which the payment is made by the complainant. He undertakes that in the event of the default in the undertaking made before this Court his enlargement on bail shall come to an end.

The learned Public Prosecutor & learned counsel for the complainant have vehemently opposed the bail and submits that if the conditions are not abided by the present petitioner within the stipulated period hereinabove, they will be at liberty to move the cancellation of the bail granted by this Court.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the petitioner is enlarged on bail subject to the condition that the undertaking given by the petitioner and agreed by the complainant are not complied with by the present petitioner within the time frame stated-above, the complainant will be free to move application for cancellation of bail.

Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Deepak Sharma S/o Shri Kishan Lal Sharma arrested in connection with F.I.R. No.280/2019, Police Station Bhupalpura, District Udaipur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

However, it is made clear that if the petitioner does not comply with the undertaking given before this Court and fails to get the land transferred in the name of the complainant or the persons suggested by the complainant then the petitioner will be liable to pay back the entire amount within a period of two months along with interest @ 7.5. per cent per annum.