High CourtsSINGLE BENCH(2017) 02 RAJ CK 0031

Prem Prakash S/o Shri Mishrimal Darji vs The State of Rajasthan

Rajasthan High Court · Decided on 6 February 2017

HON’BLE JUDGES
Sanjeev Prakash Sharma
RESULT
Allowed
CASE NUMBER
11159 of 2016

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Judgment

33 paragraphs · 350 words
1.

This application for anticipatory bail under sec.438 CrPC has

been filed in connection with FIR No.52/2015, Police Station-

Ramseen, District Jalore, for offences punishable under sections

409, 467, 468, 471, 420 IPC.

2.

Learned counsel for the petitioner submits that one receipt

for registration amount of Rs.1740/- bearing No.2015000021

dated 08.01.2015 is available with the Sub Registrar, however,

there is another receipt with the same number dated 08.01.2015

for amount of Rs.7360/- and the Sub Registrar on the basis of

same lodged an FIR against the petitioner alleging that the second

receipt was forged by him. The petitioner is a Lower Division Clerk

and his service would be jeopardized if he is arrested. Learned

Public Prosecutor opposed the bail application and pointed out that

FSL was conducted and the receipt did not bear signature of the

Sub Registrar and the signatures on the receipt are found similar

to that of Prem Prakash.

3.

Heard learned counsel for the accused-applicant as well as

learned Public Prosecutor.

4.

Having considered the facts and circumstances of the matter,

without commenting on the merits of this case, I deem it just and

proper to grant the benefit of anticipatory bail to the accused-

applicant under Section 438 Cr.P.C.

5.

Accordingly, this bail application is allowed and it is directed

that in the event of arrest of accused-applicant in connection with

FIR No.52/2015, Police Station, Ramseen, District Jalore the

accused-applicant - Prem Prakash s/o Mishri Mal aforesaid shall be

released on bail provided he furnishes a personal bond in the sum

of Rs.50,000/- along with two sureties in the sum of Rs.25000/-

each, to the satisfaction of the concerned Investigating

Officer/S.H.O. on the following conditions:

(1) He shall make himself available for interrogation by Investigating Officer as and when required;

(2) He 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 to any Police Officer;

3) He shall not leave India without the previous permission of the trial court.