Rajasthan High Court - Jodhpur
Rajkumar @ Raju Beri vs State on 11 February, 2020
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14572/2019
Rajkumar @ Raju Beri S/o Shri Banwari Lal, Aged About 42
Years, By Caste Beri, Resident Of Street No. 8, Surjeet Singh
Colony, Sri Ganganagar.
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. D.S.Sodha.
For Respondent(s) : Mr. Laxman Solanki, PP
Mr. Ravi Bhansali, Sr. Advocate
assisted by Mr. Vipul for the
complainant.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 11/02/2020 This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. (C.R.) No.416/2019, Police Station, Kotwali, Sri Ganganagar for the offences under Sections 420, 406, 379 of IPC.
Heard learned counsel for the petitioner, learned Public Prosecutor as also learned counsel for the complainant. Perused the material available on record.
The counsel for the petitioner submits that the petitioner was only working in the company of the complainant and at the behest of the company, he installed the Set Top Boxes at different locations. There was an agreement to pay rent of all the Set Top Boxes which were installed by the petitioner. There was some dispute regarding the agreement, therefore, the complainant has (Downloaded on 12/02/2020 at 08:41:30 PM) (2 of 3) [CRLMB-14572/2019] lodged the present FIR alleging that an amount of Rs.4,80,000/- is due to be paid to him by the petitioner. The counsel for the petitioner further submits that neither there is any complaint by the consumers with regard to the Set Top Boxes installed by the petitioner nor any theft of the Set Top Boxes has been committed by the petitioner. It is purely a business transaction for which criminal machinery has been pressed into service.
The learned Public Prosecutor as well as counsel for the complainant oppose the bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.
Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Rajkumar @ Raju Beri S/o Shri Banwari Lal, in connection with F.I.R. (C.R.) No.416/2019, Police Station, Kotwali, Sri Ganganagar, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
(I) that the petitioner shall make himself available for interrogation by a police officer as and when required;
(ii) 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 (Downloaded on 12/02/2020 at 08:41:30 PM) (3 of 3) [CRLMB-14572/2019]
(iii) that the petitioner shall not leave India without previous permission of the court.
Nothing said hereinabove shall be construed as an opinion expressed on the merits of the case.
(VINIT KUMAR MATHUR),J 59-Anil Singh/-
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