Bajranglal Lal Rathore S/O ... vs State Of Rajasthan
2021 Latest Caselaw 2880 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No.
                         10114/2021
Bajranglal Lal Rathore           S/o      Ramgopal          Rathore,       R/o    4-J-3
Rangbari Kota Raj.
                                                                         ----Petitioner
                                     Versus
State Of Rajasthan, Through The Pp
                                                                       ----Respondent

For Petitioner(s) : Mr. Mahesh Sharma, through VC For Complainant(s) : Mr. Praveen Kumar Jain For State : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

13/07/2021

1. Petitioner has filed this anticipatory bail application under

Section 438 Cr.P.C.

2. F.I.R. No. 169/2020 was registered at Police Station

Dadabari, District Kota for offence under Sections 420, 467, 468,

471, 472, 409 and 120-B of I.P.C.

3. It is contended by counsel for the petitioner that sub-

contract was given to the petitioner by the complainant. The

matter is of year 2012-2013. It is also contended that the claim

relating to machinery was raised in the first FIR in which police

has submitted a negative final report. It is further contended that

complainant is in a habit of filing FIRs to unnecessary harass the

petitioner. It is contended that Bajranglal also filed a complaint in

which police has submitted a negative final report but Court has

taken cognizance against the complainant. It is contended that

(2 of 2) [CRLMB-10114/2021]

dispute, if any, is of civil nature.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that the

machinery of complainant is lying with the accused Bajranglal.

Complainant is the registered owner of the machinery and would

be responsible, if any, mishap occurs in relation to the machinery.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the anticipatory bail

application.

7. The anticipatory bail application is allowed. The

S.H.O/I.O/Arresting Officer, Police Station Dadabari, District Kota

in F.I.R. No. 169/2020 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)

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;

(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 /11

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