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2008 DIGILAW 2553 (RAJ)

Bhoori Singh v. State of Rajasthan

2008-11-20

M.N.BHANDARI

body2008
JUDGMENT 1. - Heard learned counsel for the parties and perused the record of the case. 2. Learned counsel for the petitioner submits that so far as petitioner is concern, he was bonafide purchaser of the plot in dispute from Kasim Khan, thus so far as petitioner is concern, he has falsely been implicated in the matter rather he had paid due consideration to Kasim Khan for purchase of the land and otherwise complainant are in possession of the land, thus looking to the aforesaid, he may be granted bail under Section 438 Cr.P.C. 3. On the other hand, learned Public Prosecutor has opposed the bail application. 4. After taking into consideration the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise effect the outcome of the trial, but looking to the facts of this case, I allow this bail application under Section 438 Cr.P.C. 5. Therefore, the SHO/I.O. of the Police Station Shyamnagar, Jaipur is directed that in the event of arrest of the petitioner-Bhoori Singh s/o Punyaram in FIR No. 290-08 registered for offence under Section/s 420, 467, 468, 471, 120B I.P.C., he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs. 25,000/- with one surety in the like amount to his satisfaction on the following conditions : (i) He shall make himself available for interrogation by Investigating Officer as and when required; (ii) He 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 to any Police Officer; (iii) He shall not leave India without the previous permission of the Court. (iv) He shall not commit same and similar offence during the period of bail. Bail Application Allowed. *******