Narendra Singh vs State
2021 Latest Caselaw 6855 Raj

Citation : 2021 Latest Caselaw 6855 Raj
Judgement Date : 9 March, 2021

Rajasthan High Court - Jodhpur

Narendra Singh vs State on 9 March, 2021

Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 3413/2020

Narendra Singh S/o Narain Singh, Aged About 55 Years, By Caste Rajput, R/o Village Utharda, Post Biznol, Nathdwara Police Station, Dist. Rajsamand.

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)          :    Mr. JVS Deora

For Respondent(s)          :    Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

09/03/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) apprehend(s) his/her/their arrest in

connection with FIR No.575/2019 of Police Station

Bheem, Distt. Rajsamand for the offence(s) punishable

under Section(s) 406 IPC.

Learned counsel for the petitioner has submitted that

allegation of misappropriation of money, levelled against

the petitioner, is absolutely false. It is submitted that the

petitioner being a contractor has entered into an

agreement with the complainant and as per the said

agreement, the complainant was required to do certain

work and in lieu of that the petitioner is supposed to pay

(2 of 3) [CRLMB-3413/2020]

money to him. It is further submitted that allegation

against the petitioner to the effect that he has not paid

money as per the agreement is not true and even if it is

assumed that he has not fulfilled the terms of the

agreement, then also, it is purely a case of civil nature. It

is, thus, prayed that the petitioner may be granted

benefit of anticipatory bail.

Per contra, learned Public Prosecutor has opposed

the bail application.

Having regard to the totality of the facts and

circumstances of the case; 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(s) under Section 438 Cr.P.C.

Accordingly, this/these bail application(s) under

Section 438 Cr.P.C. is/are allowed and it is directed that

in the event of arrest of petitioner(s) - Narendra Singh

S/o Narain Singh in connection with FIR No.575/2019 of

Police Station Bheem, Distt. Rajsamand, he/she/they

shall be enlarged on bail provided he/she/they furnishes

a personal bond in the 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) that the petitioner(s) shall make himself/herself/themselves available for interrogation by a police officer as and when required;

(3 of 3) [CRLMB-3413/2020]

(ii) that the petitioner(s) 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