Honble SINGH, VJ.– Heared the learned counsel for the petitioner and learned public prosecutor and peruse the case diary so also the first information report no. 228/98 of the Police Station, Gangashahar, Bikaner. The first information report has been registered on the basis of the complaint filed by the Branch Manager of State Bank of Bikaner and Jaipur, Bhinasar. It is alleged in the first information report that in the year 1974, Multan Chand borrowed a sum of Rs. 8,000/- from State Bank of Bikaner and Jaipur for the purpose of purchasing cows. He executed the loan documents and mortgaged his agricultural land bearing Khasra No. 99. In the year 1996, he sold the land to Smt. Santosh Joshi for a sum of Rs. 50,000/- by a sale deed dated 3.9.96. The State Bank of Bikaner and Jaipur has alleged that by the aforesaid act of selling the land, the debtor has committed an offence under Sections 420, 421 and 406 I.P.C. The learned public prosecutor was asked how the facts mentioned in the complaint constitute the alleged offence under Sections 420, 421 and 406 I.P.C. No satisfactory explanation has been given by the learned public prosecutor for registering the case under Sections 420, 421 and 406. I.P.C. (2). Having regard to all the facts and circumstances of the case, this bail application under Section 438 Cr.P.C. is hereby allowed and it is directed that in the event of his arrest, the petitioner Multan son of Shiv Ratan shall be released on bail, provided he furnishes one surety of Rs. 500/- and a personal bond of like amount. The bail is granted subject to the following conditions:- (i). The petitioner will make himself available for interrogation as and when necessary. (ii). He will not tamper with the prosecution witness/evidence in any manner. (iii). He will not go outside India without previous permission of the Court competent to take cognizance of the offence. (iv). This bail order shall remain operative till the date of filing of the report under Section 173 Cr. P.C. in the Court competent to take cognizance on the police report.
(iii). He will not go outside India without previous permission of the Court competent to take cognizance of the offence. (iv). This bail order shall remain operative till the date of filing of the report under Section 173 Cr. P.C. in the Court competent to take cognizance on the police report. The Station House Officer of the Police Station concerned shall give information in writing to the petitioner about the date of presentation of the report under Section 173 Cr.P.C. in the Court and if necessary, the petitioner shall appear in the concerned Court on the date of presentation of the report.