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2015 DIGILAW 490 (RAJ)

Bharat Kumar Panchal v. State of Rajasthan

2015-02-23

R.S.CHAUHAN

body2015
JUDGMENT : R.S. Chauhan, J. 1. Heard Mr. Anoop Dhand for the applicant, Mr. G.S. Gautam for the complainant and Ms. Soniya Shandilya, the learned Public Prosecutor, for the State. 2. Mr. Anoop Dhand has submitted that initially by agreement dated 3.3.2012 the complainant had sold the property to co-accused Narayan Lal through an agreement to sell. According to the agreement, the property was sold to the co-accused for a sum of Rs. 3 lac, but the co-accused has paid Rs. 1.50 lac to the complainant. It was agreed that the remaining amount would be paid at the time of registration of the sale-deed. However, the complainant did not get the sale-deed registered. Instead, on 14.3.2012 he sold the same property to Smt. Mali Devi. Since the complainant was not getting the sale-deed registered, on 14.2.2014 the co-accused Narayan Lai filed a Civil suit for specific performance. He also filed a criminal complaint against the complainant on 11.2.2014. As counter blast to the legal remedies persued by the co-accused, the present F.I.R. was lodged by the complainant, Kailash Chand Kabra on 9.3.2014. The allegation against the present applicant is that he is an attesting witness of the agreement to sell dated 3.3.2012. Moreover, even if the allegations are taken to be true, the allegations are against the co-accused Narayan Lal, and not against the present applicant. Thus, no case is made out against the present applicant for offences under Sections 420, 467, 468, 471 and 120-B I.P.C. 3. On the other hand, Mr. G.S. Gautam, the learned Counsel for the complainant, and the learned Public Prosecutor has opposed the bail application. 4. Without expressing any opinion on the merits or demerits of the case, this Court is inclined to grant the benefit of anticipatory bail to the accused-applicant under Section 438 Cr.P.C. Therefore, the S.H.O./I.O. of the Police Station Srimadhopur, District-Sikar, is directed that in the event of arrest of the accused applicant, Bharat Kumar Panchal son of Mandanlal, in F.I.R. No. 131/2014 registered for the offences under Sections 420,467, 468,471 and 120-B I.P.C. he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) with two sureties in the sum of Rs. 50,000/- (Rs. Fifty Thousand) with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions:- (1) That he shall make himself available for interrogation by the Investigating Officer as and when required; (2) That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (3) That he shall not leave India without the previous permission of the Court. (4) That he will not commit any offence during the period of bail.