Babu Singh vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for Petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.

Allegation against Petitioner is that patta of plot No. 27A, Suraj Nagar, Niwaru Road, Jaipur, was in his name. He sold that plot for the first time to Dariyab Kanwar. Thereafter for second time he sold the same to complainant but the patta of said plot was lying with Advocate Lal Chand Jat, from whom one Narendra Singh obtained the patta and mortgaged the same with Laxmi Narain Agarwal. Co-accused Narendra Singh has already been granted bail by learned court of Sessions, Jaipur vide order dated 07.03.2011 in Bail Application No. 1152/2011. Copy of the order has been produced before the court for perusal. Learned Counsel submitted that in the statement of Laxmi Narain Agarwal also it is not alleged that patta was mortgaged by present Petitioner. In fact that allegation is against co-accused Narendra Singh. Petitioner was arrested on 23.03.2011. Investigation is almost complete. There is no other criminal case ever registered against Petitioner.

Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-Petitioner, namely, Babu Singh Son of Shri Ratan Singh, Resident of Plot No. 17, Krishna Vihar, Niwaru Road, Jaipur (presently confined in Central Jail, Jaipur) be released on bail u/s 439 Code of Criminal Procedure, in FIR No. 171/2010, Police Station Kardhani, Jaipur, for offence u/s 420 IPC, provided he furnishes a personal bond in the sum of Rs. 30,000/- with two sureties of Rs. 15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case it is found that any other criminal case is pending against Petitioner and that misstatement has been made by the counsel about his whereabouts or non-registration of any other criminal case or any new case in future is registered against him, the bail so granted to him by this Court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial court and stipulation to this effect shall be inserted in bail bonds produced by Petitioner, and sureties to be produced in support thereof shall be verified by Tehsildar of area concerned.

The bail application stands disposed of.