1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. CRIMINAL MISC. BAIL APPLICATION NO. 6155/2009 Swaroop Singh vs. State of Rajasthan Dated : 11.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Ms. Alankrita Sharma, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Ms. Alankrita Sharma Advocate on behalf of the applicant Swaroop Singh pertaining to F.I.R. No. 168/2009 of police station Sadar, Bundi in the offences 420, 467, 468 and 471 of IPC. 2. Heard learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the petitioner is the husband of Smt. Brajesh Kanwar. Brajesh Kanwar is alleged to have impersonated herself to be Barji Bai of Meghwal caste and purchased the land from the complainant Anjana Bai on 17.2.1999. Learned counsel has further contended that neither the land was purchased by the petitioner nor any sale-deed was executed in favour of the petitioner. The petitioner is being falsely implicated and is in no way connected with the alleged offences of the instant case. The transaction is said to have taken place on 17.2.1999 and the complainant has filed the private complaint in the court after 10 years which is found to have been sent by the Magistrate having jurisdiction to police station Sadar, Bundi under Section 156(3) of Cr.P.C. on 08.05.2009 for investigation whereupon FIR No. 168/09 has been registered. There being not even a shred of evidence against the petitioner and the accusation having been totally false and groundless, the petitioner deserves to be released 2 on anticipatory bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having considered the submissions made at the bar and perused the relevant material available on record, it is noticed that the sale-deed is alleged to have been registered in favour of the wife of the petitioner way back on 17.02.1999 and this case has been registered after expiry of ten years, hence, I, without expressing any opinion on the merits of the case, feel that it is a fit case wherein petitioner can be granted anticipatory bail and the bail petition is ordered to be allowed. 6. Therefore, the SHO/I.O. Of the Police Station Sadar, District Bundi is directed that in the event of arrest of the petitioner Swaroop Singh S/o. Vijay Singh in FIR No. 168/2009 registered in the offences under Sections 420, 467, 468 and 471 of IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.2,000/- with a surety bond in the like amount, to his satisfaction on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required: (ii)He 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 to any Police Officer; (iii)He shall not leave India without the previous permission of the Court. (iv)He will not commit any offence during the period of bail. (MAHESH BHAGWATI), J. Mak/- s-37