ORDER :

Vinit Kumar Mathur, J.

S.B. Criminal Misc. Bail Application No. 2290/2022

1. This application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with F.I.R. No. 154/2021, Police Station Bijoliya District Bhilwara for the offences under Sections 406 and 420 IPC.

2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioners submits that no role has been attributed to the petitioners in the transaction of the land in question. He, therefore, prays that the petitioners may be granted indulgence of anticipatory bail.

4. Learned Public Prosecutor opposes the bail application.

5. Having regard to the peculiar facts and circumstances of the case, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C.

6. Accordingly, the present bail application filed under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners (1) Smt. Manju Bai W/o. Kailash Chandra (2) Udailal S/o. Kailash Chanda in connection with F.I.R. No. 154/2021, Police Station Bijoliya District Bhilwara, the petitioners shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the concerned Investigating officer/S.H.O. on the following conditions:-

(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioners 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 any police officer; and

(iii) that the petitioners shall not leave India without previous permission of the court.

S.B. Criminal Misc. Bail Application No. 1777/2022

7. This application for anticipatory bail has been filed by the petitioner apprehending their arrest in connection with F.I.R. No. 154/2021, Police Station Bijoliya District Bhilwara for the offences under Sections 406 and 420 IPC.

8. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

9. Learned counsel for the petitioner submits that the petitioner was arrested in the F.I.R. No. 74/2021 registered at Police Station Bijoliya, District Bhilwara. He further submits that the complainant in that case was Devilal S/o. Nanda Devi who was the victim of impersonation. He further submits that the petitioner is an attesting witness of the sale agreement which was allegedly forged in the present case. The F.I.R. has been lodged by Shyamlal who is the purchaser of the said property. Learned counsel further submits that the transaction is one and the same in which the petitioner was arrested and was released on bail by this Court, therefore, no useful purpose will be served if the petitioner is arrested in the present case also. He, therefore, prays that the petitioner may be granted indulgence of anticipatory bail.

10. Learned Public Prosecutor opposes the bail application.

11. Having regard to the peculiar facts and circumstances of the case, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

12. Accordingly, the present bail application filed under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner (1) Shankar Lal S/o. Chunni Lal in connection with F.I.R. No. 154/2021, Police Station Bijoliya District Bhilwara for the offences under Sections 406 and 420 IPC, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each