Mahaveer Prasad vs State Of Rajasthan
2022 Latest Caselaw 6532 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7325/2021

Mahaveer Prasad S/o Shri Khusalchand, Aged About 47 Years, R/ o 06 P Patroada, Police Station Anupgarh, District Sriganganagar, Rajasthan.

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


For Petitioner(s)        :     Mr. Pritam Joshi
For Respondent(s)        :     Mr. S.K. Bhati, PP


             HON'BLE MR. JUSTICE FARJAND ALI
                                    Order

05/05/2022

This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with F.I.R.

No.66/2020, Police Station Nokh, District Jaisalmer, for the

offences under Sections 420, 467, 468, 471 and 120-B of the IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that there was a

transactional dispute between the parties in respect of sale

purchase of the land neither he was witness of the power of

attorney nor of the sale deed for which it is alleged that the same

were forged. He has to do nothing with the alleged offence. He

shall cooperate with the investigation. He further submits that vide

order dated 14.06.2021 passed by the co-ordinate Bench of this

Court, an interim protection had been granted to him and he was

directed to join the investigation. Accordingly, he had joined the

(2 of 2) [CRLMB-7325/2021]

investigation. It is not a case where custodial interrogation would

be indispensable, he never misuse the liberty granted in his favour

and placed reliance on the judgment passed by the Hon'ble

Supreme Court in the case of Abhishek Kumar Vs. State of

Delhi :- Criminal Appeal No.360/2022 decided on 07.03.2022.

In view of above and having regard to the entirety of facts

and circumstances as available on record and upon a consideration

of the arguments advanced at the Bar, this Court is of the opinion

that it is a fit case for grant of pre-arrest bail to the petitioner

under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioner Mahaveer Prasad S/o

Shri Khusalchand, in connection with F.I.R. No.66/2020,

Police Station Nokh, District Jaisalmer, the petitioner shall be

released on bail; provided he furnishes a personal bond in the sum

of Rs.50,000/- along with two sureties of Rs.25,000/- each to the

satisfaction of the concerned Investigating Officer/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;

(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

(iii). that the petitioner(s) shall not leave India without previous permission of the court.

(FARJAND ALI),J 58-Hanuman/-

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