Vijay Garg S/O Late Shri Ramlal ... vs State Of Rajasthan
2022 Latest Caselaw 3877 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

 S.B. Criminal Miscellaneous 2nd Bail Application No. 20165/2021

1.     Vijay Garg S/o Late Shri Ramlal Garg, R/o Above Hero
       Honda Service Centar Civil Line Ajmer Raj.
2.     Smt. Renu Garg W/o Shri Vijay Garg, R/o Above Hero
       Honda Service Centar Civil Line Ajmer Raj.
3.     Mahendra Poddar S/o Shri Ratanlal, R/o Flat No. 107
       Moden Town Ajmer Road Kishangarh Dist. Ajmer Raj.
                                                                 ----Petitioners
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s)        :     Mr. A.K. Upman.
For Respondent(s)        :     Mr. Rahul Agarwal.



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

17/05/2022

1. The present bail application has been filed by the petitioners

Vijay Garg S/o Late Shri Ramlal Garg, Smt. Renu Garg W/o Shri

Vijay Garg and Mahendra Poddar S/o Shri Ratanlal under Section

438 Cr.P.C. in connection with FIR No. 217/2020 registered at

Police Station Ganj, Ajmer for the offence(s) under Sections 420,

406 and 120B IPC.

2. Learned counsel for the petitioners submits that there is

transactional dispute in between the parties. The matter is pre-

dominantly a civil dispute but endeavour has been made to give it

a color of making forgery. He further submits that pursuant to the

directions passed by this Court, the petitioners have joined the

investigation. He further placed reliance upon the judgment

(2 of 2) [CRLMB-20165/2021]

passed by Hon'ble Supreme Court in the matter of Abhishek

versus State of Delhi ( Criminal Appeal No. 360/2022) decided on

07.03.2022.

3. Learned Public Prosecutor has vehemently opposed the bail

application.

4. Considering the contentions put-forth by the counsel for the

petitioner and taking into account the totality of facts and

circumstances of the case and without expressing any opinion on

the merits of the case, this court deems it just and proper to allow

the anticipatory bail application.

5. Accordingly, the 2nd anticipatory bail application is allowed.

The S.H.O/I.O/Arresting Officer, Police Station Ganj, Ajmer in

F.I.R. No. 217/2020 is directed that in the event of arrest of the

petitioners they shall be released on bail, provided each of them

furnishes a personal bond in the sum of Rs.50,000/- with two

sureties in the sum of Rs.25,000/- each to the satisfaction of the

S.H.O/I.O/Arresting Officer of the concerned Police Station on the

following conditions:-

(i) that the petitionera shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioners 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 petitioners shall not leave India without previous permission of the court.

(FARJAND ALI),J

PREETI VALECHA /119

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