The absence of direct evidence warrants granting bail under specified conditions.

ORDER :

Mr. Birendra Kumar, J. - This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. in connection with FIR No.307/2023 registered with Police Station Jaisinghpura Khor, District Jaipur City (North) for offences under Sections 420 , 406, 467, 468 471 and 120B of IPC.

2. According to FIR, informant Soniya Saini claims to have paid Rs.75,00,000/- (Rupees seventy-five lakh) in cash to Indraj Saini, who was chairman of the society. The aforesaid money was paid for purchase of 25 plots, carved out by the society. The informant has not disclosed the Khasra number on which the aforesaid 25 plots were carved out nor there is any explanation from the prosecution as to from where such huge cash was obtained by them and paid to the society against the mandate of Income Tax Act.

3. Learned counsel for the petitioner contends that there was an agreement between Indraj Saini and Sitaram Saini, the husband of the informant of this case with respect to Khasra No.463, an agricultural land measuring 1 bigha and 7 biswa in Jaisinghpura Khor. Due to non-performance of the said agreement just to pressurise, false FIR has been lodged.

4. Learned counsel for the informant has opposed the prayer for bail.

5. Considering the nature and material available, especially the fact that there is no direct evidence against the petitioner, the instant bail application stands allowed.

6. It is directed that the above-named petitioner be released on bail in the aforesaid FIR if he is not wanted in any other case, provided that he furnishes a bail bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties of like amount to the satisfaction of the learned trial court with following conditions :-

(i) the petitioner shall fully co-operate in the trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the petitioner.

(ii) the petitioner shall not leave the Country without permission of the Court otherwise it would amount to disobedience of the order of this Court and would be a ground for cancellation of bail.

(iii) the petitioner shall not tamper with the evidence.