JUDGMENT 1. - This bail application under S.438 Cr.P.C. has been filed by Mahadev Chaudary in FIR No. 53/06 registered at Police Station Jhotwara, Jaipur for offence(s) under S.420, 406, 120B IPC. 2. Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the case diary. 3. Learned counsel for the petitioner submitted that even according to the FIR, the complainant entered into an agreement with Akhtar Hussain and paid an amount of Rs. 55,000/-and thereafter Rs. 2 lacs. It was also submitted that it is not a case of the complainant that the disputed plot was not owned by Akhtar Hussain. If after few months of this agreement Akhtar Hussain sold the land to someone else, the petitioner is not liable for that. Otherwise also, this is a civil litigation. 4. Learned Public Prosecutor opposed the bail application and submitted that on persuasion of the petitioner, complainant Smt. Shakuntala Devi entered into an agreement for purchase of the plot with co-accused Akhtar Hussain. It is also submitted that money was paid in presence of the present petitioner and after sometime Akhtar Hussain, in conspiracy with the present petitioner, sold the plot to somone else. 5. Without making any observation on the merit of this case, having considered the rival submissions at the Bar, and entire facts & circumstances, specially the fact that it is not alleged that the disputed plot was owned by the present petitioner nor he directly entered into the deal, I deem it proper to grant the benefit of re-arrest bail to the petitioner. 6. In the result, this anticipatory bail application is allowed and it is directed that in the event of arrest of petitioner Mahadev Chaudary son of Ramlal, he shall be released on bail by the concerned SHO/investigating Officer in FIR No. 53/06 registered at Police Station Jhotwara, Jaipur provided he furnishes a personal bond in the sum of Rs. 10,000/-together with two sureties in the sum of Rs. 5,000/-each to his satisfaction on the following conditions 1. that the petitioner shall make himself available for interrogation by a police officer as and when required; 2. 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 them from disclosing such facts to the court or any police officer; and 3. that the petitioner shall make himself available for interrogation by a police officer as and when required; 2. 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 them from disclosing such facts to the court or any police officer; and 3. that the petitioner shall not leave India without previous permission of the court. Bail application allowed. *******