Allowed

Raj Singh v. State

Rajasthan HC18 Nov 2021CRLMB/11576/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted anticipatory bail to the petitioner accused in an FIR regarding forgery and criminal conspiracy. The Court noted the petitioner's role was merely as a witness in a disputed will and held the dispute was civil in nature, not requiring custodial investigation.

What did the court decide?

Petitioner granted anticipatory bail in FIR No.563/2020 on furnishing a bond of Rs.50,000 with sureties and undertaking conditions regarding interrogation, inducement, and travel.

Raj Singh Vs State — Cheating and Forgery | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 11576/2021

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Raj Singh S/o Sh. Gurcharan Singh, Aged About 50 Years, B/c Jat Sikh, R/o Karnisar, Sahjipura, Tehsil And Dist. Sri Ganganagar.

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)	: Mr. DS Thind
For Respondent(s)	: Mr. BR Bishnoi,AGC

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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18/11/2021

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner apprehends his arrest in connection with FIR No.563/2020 of Police Station Anoopgarh, Distt. Sri Ganganagar for the offences punishable under Sections 406, 420, 467, 468, 471 & 120-B IPC.

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Learned counsel for the petitioner submitted that in the present case complainant lodged a complaint that his uncle Sukhwant Singh has prepared a forged Will in the name of his deceased father in order to grab his property and in that Will, petitioner put his signature as a witness. Counsel for the petitioner further submitted that even if the allegation levelled in the FIR of their face value it is not a case where the custodial investigation is required.

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(2 of 3)

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[CRLMB-11576/2021]

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Counsel for the petitioner further submitted that the alleged Will has already been presented for registration and the document in question is available in the Government office.

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Learned Public Prosecutor has opposed the bail application.

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On perusal of case diary it appeas that the accused Sukhwant Singh was arrested and granted bail under Section 439 Cr.P.C. However, it is not disputed that the petitioner made signature on the Will as a witness.

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Having regard to the totality of the facts and circumstances of the case, looking to the fact that role of petitioner is only as a witness and no custodial investigation is required and nature of dispute seems to be civil dispute, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

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Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner Raj Singh S/o Sh. Gurcharan Singh in FIR No.563/2020 of Police Station Anoopgarh, Distt. Sri Ganganagar, he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

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(i) He shall make himself available for interrogation by Investigating Officer as and when required;

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(3 of 3)

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[CRLMB-11576/2021]

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(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;

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(iii) He shall not leave India without the previous permission of the court.

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(SUDESH BANSAL),J

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107-Anshul/-

Raj Singh v. State

Case brief

What is this about?

What did the court decide?

Raj Singh v. State

Case brief

What is this about?

What did the court decide?

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