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Rajasthan High Court · body

2019 DIGILAW 1450 (RAJ)

Megharam v. State of Rajasthan, Through PP

2019-05-10

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the parties and perused the material available on record. 2. The petitioner apprehends his arrest in connection with FIR No. 19/2019 of Police Station Mathaniya, Jodhpur for the offences punishable under Sections 420 and 120-B IPC. 3. Learned counsel for the petitioner has submitted that in this case, the release deed was executed in the year 2005 whereas, the FIR has been lodged in January, 2019 only. It is submitted that as a matter of fact, all the family members have voluntarily got executed the release deed and it is wrong to say that the petitioner had committed offence of cheating or preparation of forged documents. It is further submitted that there is a family dispute between the parties in relation to agricultural land and the FIR has been lodged by the real sister of the petitioner. It is further submitted that one of the brother of the petitioner has already been arrested and the documents relating to investigation have been recovered from him. It is also submitted that revenue suit filed by the complainant is also going on in the revenue court. It is, thus, prayed that the petitioner may be granted benefit of anticipatory bail. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C. 6. Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner - Megharam S/o Lt. Bhikaram in FIR No. 19/2019 of Police Station Mathaniya, Jodhpur, he shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. Bhikaram in FIR No. 19/2019 of Police Station Mathaniya, Jodhpur, he shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) that the petitioner(s) shall make himself/herself/themselves available for interrogation by a police officer as and when required; (ii) that the petitioner(s) 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(s) shall not leave India without previous permission of the court.