Rafik Mohammad S/O Faiz Mohammad vs State Of Rajasthan
2021 Latest Caselaw 3992 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                5360/2021

Rafik Mohammad S/o Faiz Mohammad, R/o Kreshar Road
Anantpura Kota Raj.
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent

For Petitioner(s) : Mr. Sajid Ali, through VC For Complainant(s) : Mr. Mukesh Sharma For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

25/08/2021

1. Petitioner has filed this bail application under Section 438 of

Cr.P.C.

2. F.I.R. No 04/2021 was registered at Police Station,

Anantpura, Kota for offence under Sections 420, 406, 467, 468,

469, 471 & 120-B I.P.C.

3. It is contended by the counsel for the petitioner that power

of attorney, will and an agreement of sale were executed in the

year 2011. The present FIR has been lodged after ten years. In

the FIR itself, it is mentioned that the possession of the plot was

given to the complainant. The complainant was transferred to Kota

and after some time when he went to his plot, he found that one

Iqbal Husain has constructed a house on his plot and was residing

there. It is also contended that petitioner was directed to appear

(2 of 3) [CRLMB-5360/2021]

before the Investigating Officer and he has joined the

investigation. The dispute, if any, is of civil nature. He is not

required for custodial interrogation.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that the plot

which was purchased by the complainant was sold to someone

else by Babu Lal and petitioner has deprived him of his money and

plot.

5. I have considered the contentions.

6. Considering the contention put forth by counsel for the

petitioner and taking note of the fact that there is delay of almost

ten years in lodging of FIR. The agreement to sale, power of

attorney and will were executed way back in the year 2011 and as

per the documents, possession was given to the complainant.

Petitioner has already joined the investigation and custodial

interrogation is not required, the anticipatory bail application is

allowed.

7. The Anticipatory Bail Application is allowed. The

S.H.O./I.O./Arresting Authority, Police Station Anantpura, Kota in F.I.R.

No. 04/2021 is directed that in the event of arrest of the petitioner he

shall be released on bail, provided he furnishes a personal bond in

the sum of Rs.1,00,000/- (Rupees One Lac only) together with

two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand

only) each to his satisfaction on the following conditions:-

(I). that the petitioner shall make himself available for

interrogation by a police officer as and when required;

(3 of 3) [CRLMB-5360/2021]

(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.

(PANKAJ BHANDARI),J

Nikhil Kr. Yadav / 44

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