Shankar vs State
2021 Latest Caselaw 2640 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1412/2021

Shankar S/o Shri Nanda, Aged About 48 Years, Khedliyas, P.s. Banera, District Bhilwara.

----Petitioner Versus State, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. JK Suthar
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

01/02/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner apprehends his arrest in connection with FIR

No.350/2020 of Police Station Kotwali District Bhilwara for the

offence punishable under Section .419, 420, 467, 468, 471, 120-

B, 384 IPC. He has preferred this anticipatory bail application

under Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner is to the effect that he was the

witness of the registered sale deed dated 23.04.1998. It is further

submitted that as a matter of fact, he had no knowledge about the

fact that the registered sale deed executed was forged and he was

simply an attesting witness on being asked by the executor.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-1412/2021]

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant anticipatory bail to the

accused petitioner under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is

allowed and it is directed that in the event of arrest of the

petitioner Shankar S/o Shri Nanda in FIR No.350/2020 of Police

Station Kotwali District Bhilwara he shall be enlarged on bail

provided he furnishes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of the concerned I.O./S.H.O. on the following

conditions:-

(i) He shall make himself available for interrogation by Investigating Officer as and when required;

(ii) He 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 to any Police Officer;

(iii) He shall not leave India without the previous permission of

the court.

(VIJAY BISHNOI),J

Surabhii/93-

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