Manphool Singh vs State Of Rajasthan

This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.05/2019, Police Station Bhadra, District Hanumangarh for the offences under Sections 408, 409-A & 380 of IPC.

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

Learned counsel for the petitioner submits that the entire charge of the post held by the petitioner was handed over to Pawan Kumar who was Assistant Manager of the Dungarana Gram Sewa Sahakari Samiti Limited on 01.08.2018. There is handing over and taking over of the charge which shows that after the superannuation of the present petitioner on 31.07.2018, the charge was handed over to Pawan Kumar. He further submits that once he had handed over the charge, there is no question of taking away the relevant record of the society and committing any forgery with the same. He further submits that the FIR has been registered after a delay of five months for which there is no explanation. Therefore, he prays that the petitioner may be enlarged on anticipatory bail.

The learned Public Prosecutor opposes the bail application.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the present bail application filed under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Manphool Singh S/o Shri Jaidev Singh in connection with F.I.R. No.05/2019, Police Station Bhadra, District Hanumangarh the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.