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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with F.I.R.
No.353/2016, registered at Police Station Kudi Bhagtasani, District Jodhpur for the offences under Sections 420, 467, 468, 471 and
120B IPC.
Learned counsel for the petitioner submits that the petitioner is a bonafide purchaser and has himself been cheated by Mr.Rajendra Phophaliya. He contends that the I.O. has examined complete accounts of the petitioner and his family members and due verification has been made of the fact that consideration amount to the tune of Rs.43,00,000/- was genuinely paid to the main accused Mr.Rajendra Phophaliya for purchasing the disputed property. He urges that as a matter of fact, the petitioner has himself been cheated by Mr.Rajendra Phophaliya.
In view of the above situation and having regard to the facts and circumstances available on record, but without expressing any opinion on the merits of the case, it is considered to be just and proper to grant anticipatory bail to the petitioner.
Accordingly, the instant bail application is allowed and it is directed that in the event of arrest of petitioner Anand Singh in connection with F.I.R. No.353/2016, registered at Police Station Kudi Bhagtasani, District Jodhpur, 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 shall make himself available for interrogation by a police officer as and when required;
(ii). that the petitioner 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 shall not leave India without previous permission of the court.