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Rajasthan High Court · body

2019 DIGILAW 3003 (RAJ)

Nand Kishore v. State

2019-12-14

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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.170/2019 of Police Station Merta City, District Nagaur for the offence punishable under Section 420 and 406 of IPC. He has preferred this anticipatory bail application under Section 438 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the matter was sent for mediation by this Court and pursuant to that, a settlement is arrived at between the parties, wherein, the petitioner and the complainant agreed that the total amount of Rs.6.5 lac will be paid by the petitioner to the complainant in installments. It is submitted that pursuant to that agreement arrived at between the parties, petitioner has already deposited an amount of Rs.1 lac in the bank account of the complainant and the remaining 5.5 lac will be paid in due course of time through cheque. It is submitted that petitioner has handed over cheques of the future dates amounting to Rs.5.5 lacs to the learned counsel for the complainant Mr. Vishal Sharma. 4. Learned Public Prosecutor has 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 Nand Kishore S/o Sh. Ram Singh in FIR No.170/2019 of Police Station Merta City, District Nagaur 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. 7. 7. However, it is made clear that if any of the cheques received by Mr. Vishal Sharma is not honoured on presenting in the bank on concerned date, he is free to move application for cancellation of bail of the petitioner before this Court.