1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Bail Application No.5002/2010 Vijay Kumar Jain Versus The State of Rajasthan through PP 24.5.2010 HON'BLE MR JUSTICE MN BHANDARI Mr AK Sharma Mr Shailesh Prakash Sharma - for petitioner Mr Peeyush Kumar, PP – for the State Mr Anand Sharma – for complainant BY THE COURT: Heard learned counsel for the parties and perused the record of the case. The allegation against the petitioner is about non- disclosure of information of earlier agreement to sale with other person while selling the property to the complainant. It is stated that complainant was having knowledge of earlier agreement to sale as while seeking No Objection Certificate and transfer from RIICO, aforesaid facts were mentioned by him. It is a case where so far as the petitioner is concerned, not only sale deed was executed and got registered with the Sub Registrar but the 2 possession of the land was taken by the complainant followed by transfer of property in his name. Looking to the aforesaid, petitioner is entitled for grant of bail under section 438 CrPC. On the other hand, learned PP has opposed the bail application. After taking into consideration rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, but looking to the facts of this case, I am inclined to allow this bail application under Section 438 CrPC. Therefore, the SHO/IO of the Police Station – Kotputali, District - Jaipur is directed that in the event of arrest of the petitioner/s Vijay Kumar Jain in FIR No. 319/2010 registered for offence under Section/s 420 and 406 IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.25,000/- with one surety 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 3 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 previous permission of the Court. (iv)He shall not commit same and similar offence during the period of bail. (MN Bhandari), J. bnsharma