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Rajasthan High Court · body

2016 DIGILAW 1613 (RAJ)

Omaram S/o Jassaram v. State of Rajasthan

2016-11-16

PANKAJ BHANDARI

body2016
ORDER : 1. The petitioner has moved this anticipatory bail application under Section 438 Cr.P.C. 2. The allegation in this FIR pertains to offences under Sections 419, 420, 467, 468, 471 and 120B IPC. 3. The contention of counsel for the petitioner is that the present petitioner is only a witness to the sale deed. The present petitioner has already joined the investigation in pursuance of the direction given by this Court and he is now not required for further investigation. 4. Learned Public Prosecutor has opposed the bail application. His contention is that the present petitioner, as a witness to the sale deed, has identified a lady impersonating herself as the sister of the complainant, who expired long back. 5. I have considered the rival contentions of the parties. 6. Considering the fact that the present petitioner is only a witness to the sale deed and is not specifically a witness to the lady impersonating herself, as also the fact that the present petitioner has joined the investigation and no useful purpose would be served in arresting him, I am inclined to grant anticipatory bail to the present petitioner. 7. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Omaram s/o Jassaram in connection with F.I.R. No.117/2016, Pachapdra Police Station Distt. Barmer, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :- (i). that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii). that the petitioner 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 any police officer; and (iii). that the petitioner shall not leave India without previous permission of the court.