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Rajasthan High Court · body

2019 DIGILAW 2058 (RAJ)

Nimba Ram Mali v. State of Rajasthan

2019-07-30

VIJAY BISHNOI

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JUDGMENT : Vijay Bishnoi, J. 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner apprehends his arrest in connection with FIR No. 199/2019 of Police Station Kotwali Jalore, District Jalore for the offences punishable under Sections 420 and 406 IPC. He has preferred this anticipatory bail application under Section 438 Cr.P.C. 3. Learned counsel for the petitioner has submitted that earlier the petitioner had entered into an agreement with the complainant for the purpose of selling his land at the cost of Rs. 13,50,000/- and the complainant paid Rs. 4,00,000/- in advance to the petitioner, however, as per the complainant, the said agreement was later on cancelled. It is alleged that on the aforesaid agreement was cancelled, the petitioner should have to repay the whole amount, which he received but he did not repay the same and only paid Rs. 41,000/- to the complainant. Learned counsel for the petitioner has argued that as a matter of fact after cancellation of the agreement, which was on the part of the complainant, the petitioner is not under obligation to repay the amount received in advance, however, from time to time, the petitioner has repaid Rs. 66,000/- to the complainant and he is trying to pay remaining amount. It is submitted that as a matter of fact the dispute between the petitioner and the complainant is purely of civil nature and the same can be evident from the notice sent by the complainant, in which also he claimed that if the amount would not be paid then he would file civil proceedings against the petitioner. It is submitted that taking into consideration the above facts and circumstances of the case, the petitioner is entitled to be granted benefit of anticipatory bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and after perusing the case diary, 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. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and after perusing the case diary, 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 - Nimba Ram S/o. Mana Ram Mali in FIR No. 199/2019 of Police Station Kotwali Jalore, District Jalore he shall be enlarged on bail provided he furnishes a personal bond in a 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) He shall make himself available for interrogation by Investigating Officer as and when required; (ii) He 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 to any Police Officer; (iii) He shall not leave India without the previous permission of the Court.