Ladhu Singh vs State Of Rajasthan

Rekha Borana, J

The present bail application under Section 439 Cr.P.C. has been filed on behalf of the petitioner for the alleged offences punishable under Sections 420 & 306 IPC in connection with FIR No.43/2022 registered at Police Station Gogamedi, District Hanumangarh.

Heard counsel appearing for the petitioner and Public Prosecutor. Perused the material available on record.

Counsel appearing for the petitioner submits that the facts as stated in the FIR do not culminate into any ingredients so as to constitute the commission of any offence. It is the admitted case in the FIR itself that the amount as transferred to the account of accused/other persons by the complainant was by his own free will and consent. Therefore, the dispute, if any, is purely of civil nature. With these submissions, counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.

Per contra, Public Prosecutor opposed the bail application and stated that although in the FIR it has been submitted that the amount was deposited by the complainant out of his own will, but in the statements as recorded under Section 161 Cr.P.C., the complainant has stated the present accused conversed with him in a female voice and trapped him which can be said to be a ‘honey trap’. Only because of such trap the complainant transferred the amount to the account of the accused and of the other persons as asked by the accused.

Having regard to the facts and circumstances of this case, particularly the fact that the statement as recorded under Section 161 Cr.P.C. does not find corroboration with the facts stated in the FIR and are clearly an ‘improvement’, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner – Ladhu Singh S/o Shri Sang Singh, arrested in connection with F.I.R. No.43/2022 registered at Police Station Gogamedi, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.