Ramgopal And Ors vs State

This application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with F.I.R. No.84/2015, Police Station

Gangashahar, Dist. Bikaner for the offences under Sections 420, 467, 468,471, 120-B IPC.

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

Learned counsel for the petitioners submits that for the alleged forgery which is said to have been committed by the present petitioners in the year

2007, the present FIR was registered in the year 2015. He submits that present FIR is nothing but a counter-blast to the civil suit filed by the

petitioners for specific performance before the learned civil court. He further submits that the petitioner was given the possession of the subject suit

property way back in the year 2007.

Learned Public Prosecutor as well as learned counsel for the complainant while opposing the anticipatory bail application submit that the signature on

the document which is bone of contention before the learned trial court has been examined by the Forensic Science Laboratory and the signatures of

the complainant are not matching/tallying.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that for the suit property,

a civil suit is already pending consideration wherein the same document which is alleged to have been forged is the subject matter of the case before

the trial court, 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 petitioners (1) Ramgopal S/o Gangabishan (2) Poonam

Chand S/o Jiska Ram (3)

Bhanwar Dan S/o Ishwar Dan , in connection with F.I.R. No.84/2015, Police Station Gangashahar, Dist. Bikaner 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 petitioners shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioners 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 petitioners shall not leave India without previous permission of the court.