Ratiram S/O Late Bhura, Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

Ratiram S/O Late Bhura, Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Anticipatory (pre-arrest) bail granted: in the event of arrest in F.I.R. No.41/2015 (P.S. Kotputli, District Jaipur Rural), the petitioner is to be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the S.H.O./I.O./Arresting Officer, subject to the conditions of availability for interrogation, refraining from inducement/threat/promise to dissuade disclosure, and not leaving India without previous permission of the court.

Issue for consideration

Whether pre-arrest (anticipatory) bail under Section 438 Cr.PC should be granted to the petitioner, Ratiram S/o Late Bhura, who apprehends arrest in F.I.R. No.41/2015 (Police Station Kotputli, District Jaipur Rural) for offences under Sections 420, 467, 468, 471, 472 & 120B of IPC.

Court's answer

Having regard to the totality of facts and circumstances - particularly that the petitioner has joined the investigation (interrogated/investigated on 25.07.2024 per the interim-protection order dated 16.07.2024), that the offences are based on documents which are in possession of the investigating agency, and that there is no allegation against the petitioner of misusing the liberty of interim protection - and expressly without commenting on the merits/demerits of the case, the Court deemed it proper to allow the bail application.

Ratio / Principle

The anticipatory bail application is allowed: the S.H.O./I.O./Arresting Officer, Police Station Kotputli, District Jaipur Rural (Rajasthan), in F.I.R. No.41/2015 is directed that in the event of arrest of petitioner Ratiram S/o Late Bhura he shall be released on bail, provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the S.H.O./I.O./Arresting Officer, subject to the conditions that (i) he shall make himself available for interrogation as and when required, (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 disclosure, and (iii) he shall not leave India without previous permission of the court.

Detailed headnote1 paragraphs

Anticipatory bail allowed — Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous Bail Application No. 7486/2024, order dated 12/02/2025, Anil Kumar Upman, J. Petitioner Ratiram S/o Late Bhura sought pre-arrest bail under Section 438 Cr.PC, apprehending arrest in F.I.R. No.41/2015 registered at Police Station Kotputli, District Jaipur Rural, for offences under Sections 420, 467, 468, 471, 472 & 120B of IPC. Counsel contended false implication, registration of FIR after 37 years, and that the offences were based on documents in the possession of the investigating agency; interim protection had been granted on 16.07.2024 and the petitioner was interrogated/investigated on 25.07.2024, with no allegation of misuse of interim liberty. Without commenting on the merits/demerits of the case, the Court deemed it proper to allow the bail application and directed the S.H.O./I.O./Arresting Officer to release the petitioner on bail in the event of arrest on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to conditions: availability for interrogation as and when required, no inducement, threat or promise to dissuade disclosure, and no departure from India without previous permission of the court.

[2025:RJ-JP:6276]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 7486/2024

Ratiram S/o Late Bhura, Aged About 59 Years, R/o Dhani Khatodi, Tan Pawana Ahir, District Kotputli-Behror, Rajasthan

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Gaurav Gupta For Respondent(s) : Ms. Arti Sharma, PP For Complainant(s) : Mr. Brahma Prakash

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

12/02/2025

The instant pre-arrest bail application has been filed under Section 438 Cr.PC filed on behalf of the petitioner, who is having apprehension of arrest in F.I.R. No.41/2015 registered at Police Station Kotputli, District Jaipur Rural (Rajasthan) for offences under Sections 420, 467, 468, 471, 472 & 120B of IPC.

It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that FIR has been registered in this matter after 37 years and entire offences are based on documents which are in possession of the investigating agency. Counsel submits that on 16.07.2024, interim protection was granted to the petitioner and he was directed to appear before the Investigating Officer for the purpose of interrogation/investigation. Counsel submits that in

[CRLMB-7486/2024]

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terms of order dated 16.07.2024, petitioner has interrogated/investigated on 25.07.2024 by investigating agency. Custodial interrogation of the petitioner would not serve any fruitful purpose.

Learned State Counsel assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner.

I have considered the contentions.

Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by counsel for the petitioner, especially the fact that petitioner has joined the investigation; offences are based on documents which are in possession of investigating agency; there is no allegation against the petitioner of misusing the liberty of interim protection, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kotputli, District Jaipur Rural (Rajasthan) in F.I.R. No.41/2015 is directed that in the event of arrest of the petitioner- Ratiram S/o Late Bhura, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioner shall make himself available for interrogation by a police officer as and

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[CRLMB-7486/2024]

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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

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

(ANIL KUMAR UPMAN), J

LALIT MOHAN /234