The court granted bail under Section 439 Cr.P.C. citing no fruitful purpose for further custody due to the civil nature of the dispute and previous bail granted in related matters.

ORDER :

1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No. 419/2019 registered at Police Station Shipra Path, District Jaipur City (South) for offences under Sections 420, 406, 467, 468 471 & 120B of IPC.

2. It is contended by counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. He further submits that with regard to property in question, three different FIRs have been lodged in the same police station. In FIR No. 246/2020, petitioner has already been granted bail by the Co-ordinate Bench of this Court. He further submits that quasi-judicial proceedings were also initiated before the Deputy Registrar, Co-operative Societies under Section 58 of the Rajasthan Co-operative Societies Act, in which Sub-Registrar, Co-operative Societies categorically stated in its judgment that Shankar Singh and Nitin Mishra are the owners of the disputed property. It is further submitted that all the three persons who lodged three different FIRs were party in these proceedings. Learned counsel contends that except in these three cases, no other case has been registered against the petitioner. Petitioner is in custody since his date of arrest and his further custody is not warranted for any fruitful purpose.

3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the bail application and submits that order passed by Sub-Registrar, Co-operative Societies is under challenge before the appellate authority, however, no stay is operating in appeal. It is further submitted that two other cases have been registered against the petitioner and he is a habitual offender, thus, bail should not be granted to the petitioner.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties and the fact that alleged offences are triable by Magistrate, there is civil dispute between the parties and Sub- Registrar, Co-operative Societies has already decided the case and presently, same is pending before the appellate authority, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the petitioner on bail.

6. This bail application is accordingly allowed and it is directed that accused petitioner-Amit Sogani S/o Shri Hemant Sogani, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.