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2011 DIGILAW 897 (RAJ)

Hari Kishan Verma @ Tillu Soni v. State of Rajasthan

2011-05-04

M.N.BHANDARI

body2011
JUDGMENT 1. - Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case. 2. Learned counsel for the petitioner submits that F.I.R. was lodged by the complainant on service of notice to him under Section 138 of Negotiable Instruments Act that too in the year 2011. While alleged offence said to have taken place in the year 2006 onwards but the complainant never lodged F.I.R. giving out that by torturing him cheques/documents had been taken. The facts aforesaid clearly shows that F.I.R. against the petitioner is an out-come of the notice under Section 138 of Negotiable Instruments Act. Accordingly, the petitioner may be extended benefit of bail under Section 438 of Cr.P.C. 3. Learned Public Prosecutor as well as learned counsel for the complainant, on the other hand, have opposed this bail application. However, learned counsel for the complainant could not explain as to why the F.I.R. was not lodged then and there at the time of occurrence. 4. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application under Section 438 Cr.P.C. 5. Therefore, the SHO/I.O. of the Police Station Shyam Nagar, Jaipur is directed that in the event of arrest of the petitioner Hari Kishan Verma @ Tillu Soni in F.I.R. No. 48/2011 registered for offence under Sections 384 and 420 of I.P.C., he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) 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. *******