CRLMB2090/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.2090/2010 Ramswaroop, Dilip and Nand Kishore Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 25.08.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Sanjay Sharma, Counsel for petitioners Shri N.R. Saran, Public Prosecutor Shri S.K. Jain, Counsel for complainant #### By the Court:- Heard learned counsel for the petitioners, learned Public Prosecutor as well as the learned counsel for complainant and perused the material/case diary made available to me during the arguments of the case. Contention of learned counsel for petitioner is that originally the dispute was between complainant Anil Kumar, Madan Lal and Keshoram who had entered into an agreement to sell for 4 bigha and 13 biswa of land but they could get the sale deed executed in favour of the Arvind Kumar only for 4 bigha of land because they did not have any title over 13 biswa of land because that stood recorded in the name of other khatedar who sold the same by registered sale-deed to petitioner No.3 Nand Kishore. Accused-petitioners No.1 and 2, Ramswaroop and Dilip have nothing to do with the sale or purchase of this 13 biswa of land. They are in fact buyers of another chunk of land of other 12 khatedars. A revenue suit was also filed and pending between the parties concerned for the same land in which initially injunction order was passed but subsequently they made that compromise between the parties and persuaded to act upon such compromise; Nand Kishore, who purchased this 13 biswa of land, has executed a sale deed in favour of complainant Arvind Kumar, thus remedying his grievance. The dispute actually was in respect of right of way to access the agriculture land. CRLMB2090/2010 // 2 // Learned Public Prosecutor and learned counsel for the complainant opposed the bail application but did not dispute the factual submissions made by learned counsel for the petitioner. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application under Section 438 Cr.P.C. Therefore, the SHO/I.O. of the Police Station Ramganj Mandi, District Kota, is directed that in the event of arrest of the petitioners, namely, (1) Ramswaroop Son of Shri Ram Narain, (2) Dilip Son of Shri Prabhu Lal and (3) Nand Kishore Son of Shri Prabhu Lal, in FIR No.270/2009, registered under Section 420/467 of the IPC, he shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs.30,000/- with two sureties in the amount of Rs.15,000/- each, to his satisfaction on the following conditions:- 1. They shall make themselves available for interrogation by Investigating Officer as and when required; 2. They 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; 3. They shall not leave India without the previous permission of the Court. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//