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Rajasthan High Court · body

2019 DIGILAW 1758 (RAJ)

Nand Lal @ Ram Bhai v. State of Rajasthan, through PP

2019-06-07

DINESH MEHTA

body2019
JUDGMENT : 1. This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No. 78/2019, registered at Police Station Kuri Bhagtasni, Jodhpur, for the offences under Sections 420, 467, 468, 471 & 406 IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has been wrongly roped in the present case simply because he is father of the main accused-Manoj Kumar. Learned counsel submits that the complainant has not assigned petitioners role in the transaction of the alleged forged sale of the flat in question. 4. Learned Public Prosecutor has not been able to point out petitioners role in the transaction in question, he however submits that there are many other complaints lodged by various persons, who have been defrauded by the family, including the petitioner. 5. Learned counsel for the complainant submits that the petitioner, his son Manoj Kumar and even his wife are involved in cheating the people and they have been selling the property of various persons, claiming them to be their property and if the petitioner is enlarged on bail, he would cheat other innocent persons. 6. Having regard to the facts and circumstances of the case and in view of the fact that in the FIR and in the transaction in question the petitioner has no role thus, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 7. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Nand Lal @ Ram Bhai S/o Shri Late Khatanmal arrested in FIR No. 78/2019, Police Station Kuri Bhagtasni, Jodhpur shall be released on bail; provided he executes personal bond in the sum of Rs. 5,00,000/- and two sureties of Rs. 2,50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.