JUDGMENT 1. - This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. J.R. Choudhary Advocate on behalf of the applicant Ramnath pertaining to F.I.R. No. 431/2010 registered at police station Pratap Nagar, Jaipur, for the offences under Section 420, 467, 468, 471, 323, 341 and 120-B of IPC. 2. The petitioner is alleged to have been involved in the offences under Section 420, 467, 468, 471, 323, 341 and 120-B of IPC. It is alleged that the petitioner first entered into an agreement, to sale the land of his share to Smt. Tija Devi for a sale consideration of Rs. 8,50,000/- and thereafter, he again sold the same land to Gyarsi lal by way of registered sale-deed. 3. Heard learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material on record. 4. Learned counsel for the petitioner canvassed that if the petitioner re-sold the same land which was earlier sold to Tija Devi, then the complainant could file a civil suit under the provisions of Specific Performance Act. A bare perusal of the facts of First Information Report do not give rise to any offence to have been constituted. The matter is of civil nature, hence, the petitioner should be granted indulgence of pre-arrest bail 5. Learned Public Prosecutor appearing for the State has fairly conceded that there is alternate remedy available before the complainant and he could file a civil suit before the court for execution of the agreement to sale and getting the registered sale-deed cancelled. 6. Having considered the submissions made at the bar and carefully perused the relevant material on record, sans expressing any opinion on the merits of the case, I do feel that it is a fit case, wherein the petitioner deserves to be granted indulgence of pre-arrest bail and his anticipatory bail application is allowed. 7. Therefore, the SHO/I.O. Of the Police Station Pratap Nagar, Jaipur is directed that in the event of arrest of the petitioner Ramnath S/o. Pratap Balai, in FIR No. 431/2010 registered for the offences under Section 420, 467, 468, 471, 323, 341 and 120-B of IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.
10,000/- together 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 will not commit any offence during the period of bail. Bail Application Allowed. *******