Kulveer Singh vs State Of Rajasthan

Kuldeep Mathur, J

This application for anticipatory bail under Section 438 Cr.P.C. has been filed by the petitioner, in connection with FIR No.134/2023 registered at Police Station Anupgarh, District Sriganganagar, for offences under Sections 420 and 406 IPC. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case for the offences under Sections 420, 406 IPC. Learned counsel submitted that from the perusal of the FIR, it would reveal that two cheques bearing Nos.352148 and 352149 amounting to Rs.1 lac were dishonoured by the SBI Bank on 9.12.2022 and 17.12.2022. Learned counsel submitted that offence if any committed by the present petitioner would be under Section 138 of the Negotiable Instrument Act, 1881 which deals with the cases of dishonour of cheques due to insufficient funds in the accounts of issuer of the cheque. Drawing attention of the Court towards FIR, learned counsel submitted that in the facts and circumstances of the case, custodial interrogation of the present petitioner is not at all necessitated. Further, no recovery is due to be effected from the present petitioner and therefore, no fruitful purpose will be served by sending the petitioner behind the bars for an indefinite period. Learned counsel thus, prayed that the petitioner may be granted anticipatory bail.

Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the bail application.

Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

Having considered the rival submissions, facts and circumstances of the case and upon a consideration of the arguments advanced at bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application under Section 438 Cr.P.C. is allowed and it is ordered that in the event of arrest of the petitioner - Kulveer Singh S/o Inder Singh in connection with FIR No.134/2023 registered at Police Station Anupgarh, District Sriganganagar, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- 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 petitioner shall make himself/herself available for interrogation by a police officer as and when required;

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