Neeta vs State of Rajasthan

This application for anticipatory bail under Section 438 of Cr.P.C. has been filed by the petitioner apprehending her arrest in connection with F.I.R. No. 38/2019, Police Station Udaimandir, District Jodhpur for the offences under Sections 420, 467, 468 & 471 of I.P.C.

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

Learned counsel for the petitioner submits that the petitioner went to the court and met one Yusuf and requested him to get the income certificate of her daughter prepared. Taking into consideration those documents, said Yusuf stated that if she would furnished surety for the person who was facing incarceration in the jail, he will not claim any money for preparation of the said certificate. The petitioner being an illiterate lady and without knowing consequences of the same, accompanied said Yusuf and stood as a surety. On reaching the jail premises, when the convict refused to recognize the present petitioner, the entire things got unearthed. He, therefore, prays that the present petitioner may be released on anticipatory bail.

Learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the petitioner being a bonafide lady having been trapped in the issue, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 of Cr.P.C.

Accordingly, the present anticipatory bail application under Section 438 of Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner - Smt. Neeta W/o Mohit in connection with F.I.R. No. 38/2019, Police Station Udaimandir, District Jodhpur, she shall be released on bail provided she furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the concerned Investigating Officer/ S.H.O. on the following conditions :-

(i) that the petitioner shall make 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.