Subhash vs State
2021 Latest Caselaw 2840 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9283/2020

Subhash S/o Shri Pratap Pandiya, Aged About 55 Years, Sevantri, Tehsil Charbhuja, District Rajsamand.

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


For Petitioner(s)         :     Mr. Deepak Menaria
For Respondent(s)         :     Mr. Farzand Ali, AAG-cum-GA
                                Mr. B.R. Bishnoi, AGC
                                Mr. O.P. Sangwa for the complainant.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                          Judgment / Order

02/02/2021

Heard learned counsel for the parties and perused the

material available on record.

This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with F.I.R.

No.115/2020 Police Station Charbhuja, District Rajsamand for the

offences under Sections 420, 406, 379 & 427 of the IPC.

The petitioner and the complainant entered into an

agreement for sale of the petitioner's house on 19.12.2017. The

total consideration amount was fixed at Rs.31,00,000/- (Thirty

One Lacs). The complainant has alleged that she paid a sum of

Rs.10,00,000/- (Ten lacs) to the petitioner at the time of the

agreement. However, later on, the petitioner resiled from the

agreement and refused to execute the registered sale deed and

(2 of 3) [CRLMB-9283/2020]

rather forcibly took possession of the premises, demolished the

house and constructed a new shop thereupon.

Shri Menaria points out that as per the agreement executed

between the parties on 19.12.2017, the complainant was under

obligation to make payment of the balance amount of

Rs.21,00,000/- (Twenty One Lacs) within a month of the

agreement but she failed to stand by this mandatory condition

which was the essence of contract. The petitioner filed a suit for

injunction in the court of Senior Civil Judge, Rajsamand on

26.09.2019 wherein appearance was put in on behalf of the

complainant on 05.10.2019. She did not raise any grievance in the

civil court that she was in possession of the suit premises or that

she had been dispossessed therefrom. The FIR came to be lodged

as late as on 20.07.2020 with an allegation that the petitioner had

broken the locks put by the complainant and took possession of

the house in question.

After considering the submissions advanced at bar and after

going through the material available on record, more particularly

the proceedings of the civil suit filed alongwith this bail

application, the contention of Shri Menaria that the allegations as

set out in the FIR, give strong indication of a civil dispute pure and

simple inter se between the parties, is not without merit.

In this background and having regard to the entirety of facts

and circumstances as available on record, this Court is of the

opinion that it is a fit case to extend the benefit of pre-arrest 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 petitioner Subhash S/o Shri Pratap

Pandiya in connection with F.I.R. No.115/2020 Police Station

(3 of 3) [CRLMB-9283/2020]

Charbhuja, District Rajsamand, the petitioner shall be released on

bail; provided he furnishes a personal bond in the sum of

Rs.50,000/- along with two sureties of Rs.25,000/- each to the

satisfaction of the concerned Investigating Officer/S.H.O. on the

following conditions :-

(i). that the petitioner(s) shall make himself available for

interrogation by a police officer as and when required;

(ii). that the petitioner(s) 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(s) shall not leave India without previous

permission of the court.

(SANDEEP MEHTA),J 30-Sudhir Asopa/-

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