Shiv Karan Singh v. State of Rajasthan, Through PP
2019-02-13
VIJAY BISHNOI
body2019
DigiLaw.ai
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record. 2. The petitioner apprehends his arrest in connection with FIR No. 146/2018 of Police Station Bhupalpura, District Udaipur for the offences punishable under Sections 406 and 420 I.P.C. 3. Learned counsel for the petitioner has submitted that a contract for collection of toll was awarded to the petitioner by the complainant RSRDC on 23.6.2017 and as per said agreement, the petitioner was required to pay an amount of Rs. 5,45,700/- per day against toll collection on Dabok-Mawali-Kapasan-Chittorgarh Road. Learned counsel for the petitioner has submitted that the petitioner started collection from 23.6.2017 but soon thereafter he realized that he will not be able to pay the amount fixed in the agreement and, therefore, immediately wrote a letter to Project Director to reduce the toll collection amount. The first letter to this effect was written by the petitioner on 3.7.2017 and thereafter he consistently wrote 7 more letters in July 2017, September 2017, October 2017, November 2017 and December 2017. Learned counsel for the petitioner has submitted that when the Project Director did not respond to the letters written by the petitioner, he left the Toll Collection Centre and abandoned the same in December 2017. 4. Learned counsel for the petitioner has submitted that RSRDC has already filed a civil suit for recovery of money from the petitioner before the civil court and the same is pending consideration. Learned counsel for the petitioner has submitted that the dispute between the petitioner and the complainant is purely of civil nature and it cannot be said that the petitioner has committed any cheating or mis-appropriated the money of the complainant. 5. Learned Public Prosecutor has opposed the bail application. 6. Having regard to the totality of the facts and circumstances of the case and having gone through the case diary wherein the police have taken into consideration the fact that the RSRDC has already filed civil suit for recovery of money against the petitioner, 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. 7.
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 Shiv Karan Singh s/o Ratan Singh Rajput in FIR No. 146/2018, Police Station Bhupalpura, District Udaipur, 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.