Anticipatory bail may be granted when the accused cooperates with the investigation and incarceration serves no fruitful purpose.

Order :

1. This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.331/2024 registered at Police Station Chittorgarh, District Chittorgarh for the offences under Sections 115(2), 126(2) and 74 of BNS.

2. Learned counsel for the petitioner submitted that the complainant filed a written complaint at P.S. Chittorgarh, Dist. Chittorgarh alleging therein that a patta has been issued for a residential house in the name of complainant’s mother by the Gram Panchayat, Nagana. The complainant and his mother were in need of home loan. The present petitioner came in their contact and offered a home loan at a lower rate of interest and took a sum of Rs.20,000/- in cash as advance and also the requisite documents. Thereafter, the complainant’s brother paid him Rs.2,500/- on Phonepe but home loan was not sanctioned in the name of Chandi Bai.

3. Learned counsel submitted that the petitioner has falsely been implicated in the present case. No offence as alleged has been made out as the requisite documents have already been handed over by the petitioner to the concerned loan department. The amount paid to the petitioner by the complainant and his family members has also been deposited by him to the loan department.

4. Learned counsel submitted that as a matter of fact, when the loan application submitted on behalf of the complainant’s mother came to be rejected by the concerned loan department, the petitioner has been roped in a false criminal case. No recovery is due to be made from the present petitioner; in compliance of this Court’s order dated 11.02.2025, the petitioner has already joined the investigation and, therefore, no fruitful purpose would be served by sending the petitioner behind the bars. It was prayed that therefore, the petitioner may be released on anticipatory bail.

5. Per Contra, learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail.

6. Heard the learned counsel for the parties and perused the impugned order.

7. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the Bar, 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. (482 BNSS).

8. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner- Sanjay S/o Radheshyam Khatik in connection with FIR No.331/2024 registered at Police Station Chittorgarh, District Chittorgarh the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- each 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 petitioner shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner 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 petitioner shall not leave India without previous permission of the court.