Rajendra Kumar vs State Of Rajasthan
2021 Latest Caselaw 6250 Raj

Citation : 2021 Latest Caselaw 6250 Raj
Judgement Date : 2 March, 2021

Rajasthan High Court - Jodhpur

Rajendra Kumar vs State Of Rajasthan on 2 March, 2021

Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13040/2020

Rajendra Kumar S/o Shri Ghepar Ram, Aged About 37 Years, Birol, Tehsil Jaitaran, P.s. Jaitaran, District Pali, Rajasthan.

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

                                                                  ----Respondent


For Petitioner(s)          :     Mr. Jitendra Bohra
                                 Ms. Mamta Vyas
For Respondent(s)          :     Mr. Mohd. Javed Gauri, PP
For Complainant(s)         :     Mr. OP Kumawat



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

02/03/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner apprehends his arrest in connection with FIR

No.197/2020 of Police Station Jaitaran District Pali for the offences

punishable under Sections 420, 467, 468 and 471 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 of making some cuttings in the

registered agreement is false. It is argued that the petitioner was

Advocate of the complainant and on his asking, he got the

registered documents prepared, however, in the said documents,

when the description about the neighboring property was not

(2 of 3) [CRLMB-13040/2020]

proper some changes were made by the petitioner himself as per

instructions of the complainant. However, later on, when some

dispute arose between complainant and the person, who

purchased the property of complainant, the complainant has filed

a complaint alleging that the petitioner in collusion with the

purchaser had done cuttings in the registered documents. It is

submitted that on the very same day, the petitioner has also

prepared another documents on behalf of the complainant

regarding sale of some portion of the very same property in favour

of another person. In such circumstances, it cannot be said that

the petitioner was involved in commission of crime in any manner.

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 Rajendra Kumar S/o Shri Ghepar Ram in FIR

No.197/2020 of Police Station Jaitaran District Pali 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;

(3 of 3) [CRLMB-13040/2020]

(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;