Sunita Devi And Ors vs State, Through P.p.

This application for anticipatory bail has been filed by the petitioner apprehending their arrest in connection with F.I.R. No.148/2019, Police Station- Khunkhuna District Nagaur for the offences under Sections 420, 467, 468, 471 and 120-B of IPC.

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

Learned counsel for the petitioners submits that there is a partition suit pending in the court of learned Additional District Judge, Deedwana District Nagaur in which the petitioners and the complainant are parties. The subject property for which gift deed is alleged to have been prepared is also subject matter of the suit pending in the court of Additional District Judge, Deedwana, District Nagaur. He further submits that there is already a will which is in existence in the name of petitioner No.1 of her late husband Gopi Kishan, therefore, there is no question for committing any forgery in the gift deed for which a will is already in existence.

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 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 Smt. Sunita Devi W/o Late Shri Gopi Kishan, Magan Sharma S/o Shri Rameshwar Lal and Kanhaiya Lal S/o Shri Bhanwar Lal Reniwal, in connection with F.I.R. No.148/2019, Police Station- Khunkhuna District Nagaur, the petitioners shall be released on bail; provided they furnish a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) each 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.