Ganesh Singh vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner apprehends his arrest in connection with FIR No.103/2018 of Police Station Khamnor, District Rajsamand for the offence punishable under Sections 420 and 120-B of IPC. He has preferred this anticipatory bail application under Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that he was the witness of a sale agreement executed by one Jeeta @ Jeet Singh in favour of Ratan Singh, Roop Singh, Partha @ Parthi Singh, Heer Singh, Gangabai, Navlibai, Mangu Singh, Pratap Singh, Shanker Singh and Chun Singh. It is submitted that the petitioner is the witness to the said agreement on asking of other co-accused persons and there is no allegation against the petitioner to this effect that he has identified some wrong persons. It is also submitted that petitioner was not aware that the land for which the sale agreement was executed by Jeet Singh belongs to the complainant.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, 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 Ganesh Singh S/o Jeet Singh in FIR No.103/2018 of Police Station Khamnor, District Rajsamand he shall be enlarged on bail provided he 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) He shall make himself available for interrogation by Investigating Officer as and when required;

(ii) He 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) He shall not leave India without the previous permission of the court.