Moti Lal vs State
2021 Latest Caselaw 6419 Raj

Citation : 2021 Latest Caselaw 6419 Raj
Judgement Date : 3 March, 2021

Rajasthan High Court - Jodhpur

Moti Lal vs State on 3 March, 2021

Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13039/2020

Moti Lal S/o Shri Bheru Lal, Aged About 37 Years, R/o Raghunathpura, Udaipur, District Udaipur.

                                                                    ----Petitioner
                                     Versus
State of Rajasthan
                                                                  ----Respondent


For Petitioner(s)          :     Mr. D.S. Udawat
For Respondent(s)          :     Mr. Shrawan Bishnoi, P.P.
For Complainant(s)         :     Mr. Deelip Kawadia
                                 Mr. Vivek Siddh
Present in person          :     Mr. Mangi Lal, ASI,
                                 Police Station Sukher, Udaipur



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

03/03/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner apprehends his arrest in connection with FIR

No.306/2020 of Police Station Sukher, District Udaipur for the

offences punishable under Sections 420, 406, 467, 468 and 120-B

IPC. He has preferred this anticipatory bail application under

Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegations against the petitioner of committing cheating and

forgery are absolutely false. It is argued that the petitioner was

the employee of Laxmi Lal and the complainant contacted Laxmi

Lal only and negotiated for the purpose of purchasing four plots in

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Udaipur. It is submitted that Laxmi Lal purchased four plots in the

name of petitioner and asked the petitioner to execute sale-deed

in respect of those plots in favour of the complainant. It is also

submitted that the petitioner had no intention to commit the

offences of cheating and forgery with the complainant and

everything was done by him on asking of his employer Laxmi Lal.

It is further submitted that the action of the petitioner is

absolutely bonafide, therefore, he is entitled to be granted benefit

of anticipatory bail.

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 perusing the charge-sheet, 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 - Moti Lal S/o Shri Bheru Lal in FIR No.306/2020 of

Police Station Sukher, District Udaipur 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

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acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the

Court or to any Police Officer;