Mahesh Chandra Kumawat And Others vs State Of Rajasthan

Devendra Kachhawaha, J

This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with F.I.R. No. 268/2021, Police Station

Kardhani, Jaipur (West), registered for the offences punishable under Sections 454, 380 and 427 of the Indian Penal Code.

Learned counsel for the petitioners stated that the First Information Report (FIR) in question has been filed by Smt. Guddi Devi W/o Nathu Ram, who

along with Sita Ram etc., had executed one agreement to sale in favour of Lal Chand. Learned counsel further stated that with regard to property in

question, one family settlement has also been executed between the parties and portion of that property come in the share of the accused-petitioner

but due to some family dispute, the accused-petitioners have falsely been implicated in this case; that no recovery or investigation is pending against

the against the accused-petitioners; that no custodial interrogation is required in this case, therefore, the benefit of anticipatory bail may be granted to

the accused-petitioners.

Per contra, learned Public Prosecutor has seriously opposed the anticipatory bail application preferred on behalf of the accused-petitioners.

Heard learned counsel for the accused-petitioners as well as the learned Public Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances of the present case and upon a consideration of the arguments advanced at the bar, this Court is of the

opinion that it is a fit case for grant of anticipatory bail to the accused-petitioners under Section 438 Cr.P.C.

Accordingly, the bail application filed under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners, (1) Mahesh

Chandra Kumawat S/o Lal Chand Kumawat and (2) Phool Chand Kumawat S/o Sita Ram Kumawat, in connection with F.I.R. No. 268/2021, Police

Station Kardhani, Jaipur (West), the petitioners shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal

bond in the sum of Rs.50,000/- along 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 petitioners shall make themselves available for interrogation by a Police Officer, as and when required;

(ii). that the petitioners 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 petitioners shall not leave India without previous permission of the Court.