Pannalal vs State of Rajasthan

This application for anticipatory bail under Section 438 of Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 180/2019, Police Station Vallabhnagar, District Udaipur for the offences under Sections 420, 467, 468, 192, 193, 471 & 120-B 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 there is pending dispute between the petitioner and the complainant with respect to the non-payment of amount due to the complainant. The matter pertains to Section 138 of the Negotiable Instruments Act. He further submits that the petitioner had deposited the loan amount almost on 30 occasions in cash, for which the receipts were also obtained. Out of 30 receipts, one of the receipt of Rs. 15,000/- is stated to have been forged. He further submits that there is no question of committing any forgery only in one of those receipts, which is stated to be forged because the petitioner deposited loan amount on 30 occasions vide different cash receipts. 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, 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 - Pannalal S/o Kishanlal in connection with F.I.R. No. 180/2019, Police Station Vallabhnagar, District Udaipur, he shall be released on bail provided he 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 himself 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.