Raj Singh vs State
2022 Latest Caselaw 6819 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1468/2022

Raj Singh S/o Brij Kishore Singh, Aged About 35 Years, 404, Sahara Apartment, Hiranmagari, Sector No. 14, Udaipur.

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. S. K. Bhati, PP Mr. Tushar Moad

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

07/05/2022 This anticipatory bail application has been filed by the

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

No.144/2021, Police Station Hathipole, District Udaipur, for the

offences under Sections 420 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record. Learned

counsel submits that the matter is purely of civil nature but an

attempt has been made to give it a cloak of offence. He drew

attention of this Court towards the illustration (G) of Section 415

of the IPC and prayed that mere breach of contract does not ipso-

facto attracts an offence of cheating, as there is a dispute in

relation to the amount due in between the parties. It is not a case

where custodial interrogation of the petitioner would be required.

(2 of 2) [CRLMB-1468/2022]

In view of above submissions and after considering facts and

circumstances as available on record. 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 Raj Singh S/o Brij Kishore

Singh in connection with F.I.R. No.144/2021, Police Station

Hathipole, District Udaipur, 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 129-nidhi/-

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