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High CourtsSingle Bench(2018) 05 RAJ CK 0047

Chandra Bhan Singh vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 3 May 2018

HON’BLE JUDGES
PANKAJ BHANDARI, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Bail No. 5443 of 2018

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Judgment

11 paragraphs · 325 words
1.

Petitioner has filed this anticipatory bail application under Section 438 Cr.P.C.

2.

F.I.R. No. 23/2018 was registered at Police Station Kardhani (West) Jaipur for offence under Sections 420, 406 of I.P.C.

3.

It is contended by counsel for the petitioner that matter pertains to a civil dispute. An agreement to sale was executed between complainant and the petitioner. Complainant has paid advance amount and was required to pay balance amount by a particular date and when the balance amount was not paid a notice was given to the complainant.

4.

It is contended that agreement to sale with Aadesh Singh was cancelled, prior to the entering of the present agreement. Custodial interrogation of the petitioner is not required.

5.

Learned Public Prosecutor has opposed the anticipatory bail application.

6.

I have considered the contentions.

7.

Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the anticipatory bail application.

8.

The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kardhani (West) Jaipur in F.I.R. No. 23/2018 is directed that in the event of arrest of the petitioner he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction 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.

9.

However, petitioner is directed to appear before the Investigating Officer within one month from today, failing which the anticipatory bail application shall stand dismissed without reference to the Bench.