Pyari Bai vs State Of Rajasthan

Kuldeep Mathur, J

This anticipatory bail application has been filed by the petitioner apprehending her arrest in connection with FIR No.11/2023 registered at Police Station Bhadsoda, District Chittorgarh for the offences under Sections 420, 467, 468, 471, 472 and 120B IPC.

Learned counsel for the petitioner submitted that the petitioner who is aged bout 55 years, has been falsely implicated in the present case. Learned counsel further submitted that the alleged registered sale deed dated 19.12.2022 executed by the present petitioner has already been cancelled by a competent Civil Court. Learned counsel submitted that the disputed land has already been recorded in the revenue record in the name of earlier owner. Learned counsel submitted that no recovery is due to be made from the present petitioner and therefore, her custodial interrogation is not necessitated in the present case. It was therefore prayed that the petitioner may be released on anticipatory bail.

Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail. However, he was not in position to refute the fact that the alleged registered sale deed dated 19.12.2022 executed by the present petitioner has already been cancelled by a competent Civil Court.

Heard the learned counsel for the parties. Perused the impugned order.

Having regard to the facts and circumstances of the 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 petitioner under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner- Smt. Pyari Bai W/o Champa Lal in connection with FIR No.11/2023 registered at\ Police Station Bhadsoda, District Chittorgarh, the petitioner shall be released on bail; provided she furnishes a personal bond in the sum of Rs.50,000/- each 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 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.