Rafiq @ Raffi Khan vs State, Through P.p.

This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.116/2018, Police Station Kushalgarh, District Banswara for the offences under Sections 420, 406 and 120-B of IPC.

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

On 13/12/2019, following order was passed :-

"Learned counsel for the petitioner has submitted that as per the FIR, allegation against the petitioner is to the effect that he has received some rupees from the complainant under a scheme, but the benefits of the same have not been given to him. It is further submitted that as per the FIR, the complainant paid an amount of Rs.2600/- to the petitioner. It is submitted that the petitioner is ready to pay the aforesaid amount to the complainant. Learned counsel for the petitioner has further submitted that the petitioner be allowed to offer the amount received by him from the complainant in the presence of the SHO, Police Station Kushalgarh, Distt. Banswara on or before 6.1.2020.

In view of the above, the SHO, Police Station Kushalgarh, Distt. Banswara shall summon the complainant and if the complainant in his presence received the amount offered by the petitioner, he shall submit the factual report of this effect before this Court on the next date of hearing.

List on 14.1.2020.

Till next date, the petitioner shall not be arrested in connection with FIR No.116/2018 of Police Station Kushalgarh, Distt. Banswara".

In pursuance of the directions issued by this Court, the petitioner appeared before the Investigating Officer and submitted an amount of Rs.2,600/- but the complainant Moti Singh refused to take the amount and stated that he wants to contest the matter.

The allegation against the petitioner is that the petitioner is misappropriated the amount given by the different persons including the complainant for the purchase of seeds for selling to the farmers.

Pursuant to the order having been passed by this Court to repay the amount to the complainant and the other persons, the petitioner has offered the same but the same was refused by the complainant party.

The 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 Cr.P.C.

Accordingly, the present bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Rafiq @ Raffi Khan S/o Shri Sulli, in connection with F.I.R. No.116/2018, Police Station Kushalgarh, District Banswara , the petitioner 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.