Ramnarayan Saini S/O Lt Shri ... vs State Of Rajasthan
2021 Latest Caselaw 2452 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 7739/2021

Ramnarayan Saini S/o Lt Shri Kajodmal Saini, R/o 16, Green
Town Benad Road Jaipur


                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Petitioner(s) : Mr. Gautam Bhadadra for Mr. Ankit Bishnoi, through video conferencing For Respondent(s) : Mr. F. R. Meena, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS ( V.J. )

Order

16/06/2021

1. This Criminal Misc. Bail Application has been brought

under Section 438 of Cr.P.C. seeking anticipatory bail in connection

with F.I.R. No. 840/2019, registered with Police Station Jhotwara,

District Jaipur for the offence(s) under Sections 420 and 406 IPC.

2. It has been submitted on behalf of learned counsel for the

petitioner that he has falsely been implicated in this case. The

matter pertains to a civil dispute. The petitioner is a Teacher by

profession. He has not committed any cheating or fraud. The

issue revolves around specific performance of the agreement of

sale entered into between the complainant and petitioner. Civil

dispute has been given colour of criminal case. There are no other

criminal antecedents of the petitioner. Learned counsel for the

petitioner has relied upon the judgment passed in Ashok Kumar

(2 of 2) [CRLMB-7739/2021]

Sabbarwal Vs. State of Rajasthan (S.B.CR.MISC.BAIL

APPLICATION NO.7463/2010) decided on 16.08.2010.

3. Learned Public Prosecutor has opposed the bail application.

4. Perused the case diary and factual report of the

investigation. As per investigation conducted so far, it has been

revealed that the petitioner and his wife sold a 200 square yard

plot to the complainant by entering into a sale agreement in

consideration of Rs. 10 Lakh and handed over the original papers

of the plot to the complainant. Thereafter, the complainant came

to know that the petitioner had in connivance with the office-

bearers of the society, got the JDA patta of the said plot issued in

the name of his wife, despite the fact that he had entered into a

sale agreement with the complainant. Investigation is pending in

this case.

5. Taking into consideration the submissions of learned counsel

for the petitioner, perusal of record and gravity of the offence, but

without commenting upon detailed merits of the case, this court is

of the view that no case is made out for grant of anticipatory bail

to the present accused petitioner.

6. Accordingly, this anticipatory bail application is dismissed.

(MANOJ KUMAR VYAS ( V.J. )),J

Pooja /22

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