Anticipatory bail under Section 438 of Cr.P.C. can be granted when the investigation is complete and the allegations are primarily civil in nature, provided certain conditions are met.

JUDGMENT

Rameshwar Vyas, J. - Both the above mentioned bail applications shall stand decided by this common order as they arise out of the same F.I.R.

2. These applications for anticipatory bail under Section 438 of Cr.P.C. have been filed by the petitioners apprehending their arrest in connection with F.I.R. No. 128/2020, Police Station Siwana, District Barmer for the offences under Sections 420, 467, 468, 471 & 120-B of I.P.C.

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

4. Learned counsel for the petitioners submits that the investigation in the matter has been completed. One civil litigation regarding alleged forged patta is pending between the parties, in which there is stay granted in favour of Peeru Khan. The possession of the land is also with Peeru Khan. He further submits that the dispute is originally of civil nature. In the circumstances, learned counsel for the petitioners prays to release the petitioners on anticipatory bail.

5. Learned Public Prosecutor opposes the bail applications. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, without commenting on the merits 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 of Cr.P.C.

6. Accordingly, both the bail applications under Section 438 of Cr.P.C. are allowed and it is directed that in the event of arrest of petitioners (1) Teja Ram S/o Aidana Ram and (2) Jamna Devi W/o Late Shri Suresh Kumar in connection with F.I.R. No. 128/2020, Police Station Siwana, District Barmer, they shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/-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.