1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7621/2010 Smt. Usha Sureka Vs. State Date of order : 17/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashwani Chobisa for the petitioner. Shri Peeyush Kumar, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that in fact an agreement to sale was executed by the petitioner regarding a land, which admittedly was one of the disputed property, in favour of the complainant wherein while payment of certain amount was received, remaining amount was agreed to be paid till 26.7.2009. However, when the respondent despite repeated demand failed to make the payment of the remaining amount for consideration and defaulted in doing so, the petitioner served upon the respondent legal notice through her advocate on 5.10.2009 that the amount which was paid stands forfeited as per the stipulation in the agreement and that the agreement would thereby be terminated. It is thereupon that the complainant lodged criminal complaint alleging offence under Sections 406 and 420 of IPC. It is purely a civil dispute, which was given the shape of a criminal case in order to harass the petitioner. Learned Public Prosecutor has though opposed the bail application, but was not in a 2 position to dispute the correctness of the submissions so far made. Having regard to the submissions made at the bar, the nature of accusation against the petitioner, the materials collected so far during the course of investigation and all other facts and circumstances of the case, I deem it just and proper to grant the indulgence of pre-arrest bail to the petitioner. In the result, this bail application u/S.438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Smt. Usha Sureka W/o Vinod Kumar Sureka in FIR No.41/2010, P.S. Dadabari, District Kota, for offences under Sections 406 and 420 of IPC, she shall be released on bail by the concerned SHO/Investigating Officer, provided she furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each to his satisfaction on the following conditions: - 1) that the petitioner shall make herself available for interrogation by a police officer as and when required; 2) 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 3) that the petitioner shall not leave India without previous permission of the Court. (MOHAMMAD RAFIQ), J. RS/