Jagjeet Singh And Ors vs State Of Rajasthan

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

The petitioner apprehends his arrest in connection with FIR No.117/2019 of Police Station Sadulshahar, District Sriganganagar for the offence

punishable under Section 420, 120-B IPC. He has preferred this anticipatory bail application under Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that petitioner No.1 Jagjeet Singh S/o Thana Singh has died, therefore, the anticipatory bail application

preferred on his behalf has rendered infructuous.

Hence the anticipatory bail application preferred on behalf of the petitioner No.1 is dismissed as having become infructuous.

So far as petitioner No.2 is concerned, learned counsel for the petitioner has submitted that as per the allegations levelled by the complainant in the

FIR, father of the petitioner No.2 entered into an agreement with the complainant to sell his 1.733 hectares of agriculture land for a consideration of

Rs. 13 lacs on 29.05.2017. It is alleged that father of the petitioner No.2 also received Rs. 12,50,000/- and promised that he would get the sale deed

executed in favour of the complainant and at that time he would take remaining amount of Rs. 50,000/-. It is alleged that later on, father of the

petitioner No.2 refused to get the sale deed registered in favour of the complainant and he sold the same to some other persons on 18.01.2019.

Learned counsel for the petitioner No.2 has submitted that petitioner No.2 is neither signatory to the earlier agreement, said to have been executed by

his father in favour of the complainant nor he was aware of the said agreement. It is submitted that the petitioner is the witness to the second sale

deed executed by his father in favour of one Sarvjeet Kaur. It is also submitted that simply the petitioner is one of the witness in the sale agreement, it

cannot be said that he was involved in commission of crime in any manner as alleged by the complainant in the matter.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and having gone

through the case diary and taking into consideration the fact that the petitioner No.2 is not the signatory to the sale agreement, said to have been

executed by his father in favour of the complainant, 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 No.2 Gurpreet

Singh S/o Jagjeet Singh FIR No.117/2019 of Police Station Sadulshahar, District Sriganganagar 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.