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 so far as the present petitioner is concerned, he is bona fide purchaser of the property. Initially, the property was offered by the Power of Attorney holder, namely, Vishnu Poorwal. Petitioner got a notice published in the newspaper calling for the objection of any person interested. Pursuant to the notice, no objection was received. By another notice, the owner Vimla Choudhary shown that she is not interested to sale the property through Power of Attorney holder. Petitioner accordingly, got a registered sale deed through Vimla Choudhary herself wherein the Power of Attorney holder Vishnu Porwal and Jitendra Bakliwal are witnesses. When the petitioner went to take possession of the property, it was shown to have purchased by Nandkishore and accordingly, FIR has been lodged. 3. So far as the petitioner is concerned, he is a bona fide purchaser that too after notice published in the newspaper, thus looking to the aforesaid, petitioner is entitled for grant of bail under Section 438 of Cr.P.C. 4. Learned Public Prosecutor, on the other hand, has opposed this bail application. 5. 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. 6. Therefore, the SHO/I.O. of the Police Station J.D.A., Jaipur (Rajasthan) is directed that in the event of arrest of the petitioner Ram Swaroop Jaiswal in FIR No.28/2010 registered for offence under Section/s 420, 467, 468, 471, 120-B of IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs. 25,000/- ( Rs. 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.
(iv) He will not commit any offence during the period of bail. Bail Application Allowed. *******