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2022 DIGILAW 731 (RAJ)

Gopinath v. State Of Rajasthan

2022-03-03

CHANDRA KUMAR SONGARA

body2022
ORDER 1. These anticipatory bail applications have been filed under Section 438 Cr.P.C. in connection with FIR No. 03/2021 registered at Police Station Surwal, District Sawaimadhopur for the offences under Sections 420, 467, 468 & 120-B of IPC. 2. Learned counsel for the petitioners submits that the petitioners are bona fide purchasers and they have obtained patta after depositing the requisite fees. The petitioners have taken possession over the land-in-dispute relying on the patta issued to them by the concerned Gram Panchayat. The petitioners are old aged persons and they have no criminal antecedents. The bail application of co-accused Basanti Devi has already been granted by this Court vide order dated 17.02.2022. Hence, the anticipatory bail applications of the accused-petitioners may be granted. 3. On the other hand, learned Public Prosecutor as well as learned counsel for the complainant both have strongly opposed the bail applications. 4. Heard learned counsel for the parties and perused the material available on record. 5. Considering the submissions made by the learned counsel for the petitioners and looking to the facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioners on anticipatory bail. 6. Accordingly, these anticipatory bail applications are allowed and it is ordered that in case of arrest of the petitioners Gopinath S/o Mishrya, Ramdayal S/o Surajmal and Ramesh Chand Jangid S/o Ramnarayan Jangid in the aforesaid FIR, the accused- petitioners shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions: i) That the petitioners will make themselves available for the investigation as and when required by the investigation officer. ii) That the petitioners will not leave India without permission of the Court. iii) That the petitioners will not temper with the evidence or threaten or pressurize the witnesses in the case.