Narayan Singh vs State
2021 Latest Caselaw 5166 Raj

Citation : 2021 Latest Caselaw 5166 Raj
Judgement Date : 23 February, 2021

Rajasthan High Court - Jodhpur

Narayan Singh vs State on 23 February, 2021

Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3000/2020

Narayan Singh S/o Shri Durg Singh, Aged About 54 Years, By Caste Rajput, R/o Manji Ka Hatha, Near Rajiv Gandhi Seva Sadan Paota, Jodhpur, Rajasthan.

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

----Respondent

For Petitioner(s) : Mr. S.S. Rajpurohit

For Respondent(s) : Mr. Mohd. Javed Gouri, P.P.

For Complainant(s) : Mr. S.S. Ladrecha

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

23/02/2021 Heard learned counsel for the parties and also perused the

material available on record.

The petitioner apprehends his arrest in connection with FIR

No.688/2019 of Police Station Mahamandir, District Jodhpur Metro

for the offences punishable under Sections 420, 467, 468, 120-B

IPC. He has preferred this anticipatory bail application under

Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation against the petitioner is to the effect that he along with

other co-accused persons had sold the property belongs to the

complainant, to some other persons. Learned counsel for the

petitioner has also submitted that the persons, who allegedly

purchased the said property from the petitioner, have not filed any

(2 of 3) [CRLMB-3000/2020]

complaint and it is the complainant who is claiming himself as the

owner of the property has filed the complaint. It is also submitted

that even if it is assumed that the petitioner along with other co-

accused persons had sold the property in question, which belongs

to the complainant, then also, no offence of cheating is made out

qua the petitioner. It is further submitted that the petitioner is an

old aged person and whatever the alleged wrong was committed

that was by the other co-accused persons and not by the

petitioner.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after going through the case diary, 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 - Narayan Singh S/o Shri Durg Singh in FIR

No.688/2019 of Police Station Mahamandir, District Jodhpur Metro,

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

(3 of 3) [CRLMB-3000/2020]

acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the

Court or to any Police Officer;