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Rajasthan High Court - Jodhpur

Smt Pushpa Devi vs State on 1 December, 2017

Author: G.R. Moolchandani

Bench: G.R. Moolchandani

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             S.B. Criminal Misc. Bail No. 10758 / 2017
Smt Pushpa Devi Wife of Swaroop Singh, By Caste Rajpurohit,
Resident of Village Zudia, Tehsil Gadra Road, District Barmer.
                                                                 ----Petitioner
                                   Versus
State of Rajasthan
                                                            ----Respondent
_____________________________________________________
For Petitioner(s)    : Mr. M.L. Khatri
For Respondent(s) : Mr. K.V. Vyas, PP
_____________________________________________________
         HON'BLE MR. JUSTICE G.R. MOOLCHANDANI

Order 01/12/2017 Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material on record.

Petitioner has filed this petition u/s 438 CrPC apprehending her arrest in connection with FIR No.9/2017 registered at Girab Police Station, District Barmer, for the offence/s punishable u/s 420, 467, 468, 471 of IPC.

It has been contended by learned counsel for the petitioner that Smt. Pushpa Devi is a woman, alleged forged document has already been recovered from her husband and amount pertaining to alleged cheating has already been deposited and no-dues certificate has been procured, so petitioner be granted pre-arrest bail.

Learned Public Prosecutor has opposed the bail application but has not controverted the factual aspect.

(2 of 2) [CRLMB-10758/2017] Perusal of factual report dt 16.11.2017 reflects that no- dues certificate has already been issued pertaining to alleged outstanding of the loan amount.

In view of the afore-discussed factual aspect, without entering into the merits of the case, present petition seeking pre- arrest bail is accepted and it is directed that in the event of arrest of petitioner Smt. Pushpa Devi wife of Swaroop Singh in FIR No.9/2017 registered at Girab Police Station, District Barmer, she shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.40,000/- with two sound and solvent sureties of Rs.20,000/- each to the satisfaction of the concerned Investigating Officer/SHO on the following conditions :-

1. She shall make herself available for interrogation by a police officer as and when required;
2. She 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. She shall not leave India without the previous permission of the Court.

(G.R. MOOLCHANDANI)J. db 260