Ramniwas And Ors vs State Of Rajasthan

This application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with F.I.R. No.43/2019, Police Station Rol, District Nagaur for the offences under Sections 420, 406 & 120-B of IPC.

Heard learned counsels for the parties. Perused the material available on record.

Learned counsel for the petitioners submits that the subject piece of land was agreed to be sold by the complainant to the petitioner way back in the year 2012 by an agreement to sell. This document is not disputed by the learned counsel for the complainant. Learned counsel for the petitioners further submits that thereafter on the strength of this document further proceedings have been undertaken and the piece of land has been sold to his wife by way of registered sale deed.

The learned Public Prosecutor & learned counsel for the complainant have vehemently opposed the bail application. Learned Public Prosecutor on the strength of the case diary submits that except the statement of the complainant, there is nothing on record to show or suggest that the petitioners have committed forgery in the present case.

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 petitioners 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)Ramniwas S/o Late Kana Ram, (2)Sita Ram S/o Late Kana Ram, and (3)Dunga Ram S/o Uda Ram in connection with F.I.R. No.43/2019, Police Station Rol, District Nagaur, the petitioners shall be released on bail; provided each of them 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 Thosuand 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.