Manju Devi vs State
2022 Latest Caselaw 6760 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 48/2022

1. Manju Devi W/o Shri Mishrilal, Aged About 39 Years, B/c Lakhara, R/o Chandaval Nagar, Tehsil Sojat, District Pali.

2. Mishrilal S/o Shri Mohanlala, Aged About 41 Years, B/c Lakhara, R/o Chandaval Nagar, Tehsil Sojat, District Pali.

----Petitioners Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr Naresh Singh on behalf of Mr Rakesh Arora For Respondent(s) : Mr A.R. Choudhary, Public Prosecutor Mr Dilip Singh Udawat, for the complainant

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

07/05/2022

Having apprehension of being arrested in connection with

FIR No.75/2017 registered at Police Station Sojat City, District Pali

for offence under Sections 420, 467, 468, 471, 120-B IPC, the

petitioners have approached this Court praying for anticipatory

bail under Sec.438 CrPC.

Heard learned counsel for the petitioners, the learned Public

Prosecutor and the learned counsel appearing for the complainant.

Perused the material available on record.

Learned counsel for the petitioners submits that a patently

false case has been foisted upon the petitioners. It was a long,

bona fide dispute between the parties. He submits that even if the

allegations as levelled in the FIR are taken on their face value,

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commission of the offences under Sections 420, 467, 468 IPC are

not made. The alleged patta and the registered sale deed pertains

to the year 2004 and 2016 respectively, which are already in

possession of the Investigating Officer. It is not a case where

custodial interrogation of the petitioner is required. The petitioners

are ready to cooperate in the investigation. The petitioners may

therefore be granted anticipatory bail in the matter.

Learned Public Prosecutor and the learned counsel for the

complainant have vehemently opposed the bail application.

Having considered the rival submissions, in the facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is of the opinion that the

petitioners deserve the benefit of anticipatory bail.

Accordingly, this bail application under sec.438 CrPC is

allowed and it is ordered that in the event of arrest of petitioners-

1) Smt Manju Devi w/o Shri Mishri Lal and 2) Mishri Lal s/o Shri

Mohan Lal in connection with FIR No.85/2017 registered at Police

Station Sojat City, District Pali, they shall be released on bail

provided each of them furnishes a personal bond in the sum of

Rs.50,000/- (rupees Fifty Thousand) with two sureties of

Rs.25,000/- (rupees Twenty Five Thousand) each, to the

satisfaction of concerned Investigation Officer, subject to the

following conditions:

1. That they shall not leave India without prior permission by concerned trial court;

2. That they 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

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him from disclosing such facts to the Court or to any police office;

3. That they shall make themselves available for interrogation by a police officer as and when required.

(FARJAND ALI),J 66-MMA/-

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