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Rajasthan High Court · body

2017 DIGILAW 1923 (RAJ)

Ashok Kumar Dixit v. State of Rajasthan through P. P.

2017-08-29

PANKAJ BHANDARI

body2017
JUDGMENT : PANKAJ BHANDARI, J. 1. Petitioner has filed this miscellaneous bail application under Section 438 Cr. P.C. 2. F.I.R. No. 352/2016 was registered at Police Station Gandhi Nagar, Jaipur (East) District Jaipur for offence under Sections 419, 420, 467, 468 & 471 of I.P.C. 3. It is contended by counsel for the petitioner that the Distance Learning Course Examination and the Degree issued by the AMIE is genuine. Petitioner has not gained any monetary benefit by submitting this Degree. 4. It is contended that the Department is bent upon taking action upon the petitioner has to resort filing revision petitions before the Civil Court and obtaining stay order from the Civil Court and ultimately Department has filed this F.I.R. in the month of July, 2016. 5. Learned Public Prosecutor has opposed the bail application. His contention is that the petitioner has produced a Degree from D.Y. Patil College of Engineering, Pune which is forged, however, the Investigating Officer is present in the Court who informed the Court that Certificate issued by the AMIE is genuine. It has been obtained on the basis of the document issued by the D.Y. Patil College of Engineering, Pune. 6. I have considered the contentions. 7. In the present F.I.R. the only allegation is with regard to Certificate issued by the AMIE. The petitioner is working as Deputy General Manager in the Rajasthan State Road Development and Construction Corporation Ltd. (RSRDC) the post equivalent to Superintending Engineer. There are no chances of his fleeing from the justice, I am inclined to allow the anticipatory bail application. 8. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Gandhi Nagar, Jaipur (East) District Jaipur in F.I.R. No. 352/2016 is directed that in the event of arrest of the petitioner he shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction 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 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. Anticipatory bail application allowed.