S.B. Cr. Bail Application No. 1322/2008 (Shiv Singh Vs. State of Rajasthan) Date of order : 03.04.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Niranjan Singh for the petitioner. Mr. Ashok Upadhyay, P.P. Mr. D.S.Dev for the complainant. Heard learned counsel for the petitioner and public prosecutor for the State as also counsel appearing for the first informant. Perused the order impugned as also police investigation diary. It is contended by learned counsel for the petitioner that the cheque was issued in favour of the petitioner by the defence authorities as the land belonging to the petitioner and his two brothers was utilized for defence activities and therefore, the cost of the crop as also the compensation was paid by cheque and the petitioner has drawn the amount of cheque. Learned public prosecutor as also counsel appearing for the first informant submit that the land stands in the name of three persons namely present petitioner Shivsingh, Harisingh and Durgasingh and there had been three cheques in favour of the petitioner and two others complainant Harisingh and Durgasingh. It was the petitioner Shivsingh who while impersonating two persons as Harisingh and Durgasingh opened the account in the bank and got the cheques presented in the bank and drawn the amount, whereas complainant Harisingh and Durgasingh were at Punjab at the relevant time. Having regard to the facts and circumstances of the case, keeping in view the fact that the cheques in the name of complainant Harisingh and Durgasingh have been fraudulently encashed by the two sons of petitioner and petitioner's connivance is not ruled out, in the circumstances, therefore, it is not a fit case to grant anticipatory bail to the petitioner. The bail application filed by the petitioner under Section 438 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp