High CourtsSingle Bench

Prem Chand Sharma vs State Of Rajasthan

Rajasthan High Court · Decided on 8 January 2021 · Citation: (2021) 01 RAJ CK 0272

HON’BLE JUDGES
Narendra Singh Dhaddha, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 120B, 406, 420
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14566 Of 2020
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Judgment

12 paragraphs · 213 words
1.

The present anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.1067/2019 registered at Police Station

Mansarovar, Jaipur City (South) for the offence(s) under Sections 420, 406 and 120B of IPC.

2.

Counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. He is innocent person and suffering from Fatal Liver

problem. He was only convener of the society. Learned counsel for the petitioner also submits that as per agreement, petitioner was not owner of the

land. So, the petitioner be enlarged on anticipatory bail.

3.

Learned Public Prosecutor has opposed the anticipatory bail application.

4.

Allegation levelled against the petitioner is that the petitioner had sold plots No.125 and 126 to the complainant. During investigation, record was

taken by Investigating Officer. As per record, plot No.125 was not allotted to anyone and plot No.126 was allotted to Baljit Singh. Petitioner had not

returned the advance amount taken by him. He had taken Rs.20 lac from the complainant. Investigating Officer in his factual report clearly stated that

custodial interrogation is required for recovery of documents and money. So, looking to the gravity of offence, I am not inclined to allow the

anticipatory bail application.

5.

Accordingly, the anticipatory bail application is dismissed.