S.B. CR. MISC. BAIL PETITION NO. 7578/2009
DATE OF ORDER : 16.2.2010
HON’BLE MR. JUSTICE DEO NARAYAN THANVI
Shri P.C. Bhandari, for the petitioner(s).
Shri G.S. Fauzdar, Public Prosecutor.
Learned counsel for the petitioner submits that originally the cheque was given by the complainant Rahul Arora to Kapil Tyagi for a sum of Rts.2,30,000/- on account of conducting business in partnership. The accused petitioner was demanding money from the complainant but in spite of making payment, this false FIR has been lodged. Though the investigation is still going on but looking to the allegation levelled FIR and the cross FIR has been lodged afterwards No. 415/2009. It appears that the allegation of lodging the FIR on account of civil transaction might be having some substance but it seems to be a fit case for grant of anticipatory bail.
Accordingly, it is directed that in the event of arrest of applicant(s) in connection with F.I.R. No.340/2009 of Police Station Vidhyadhar Nagar, Jaipur, the accused petitioner Kapil Tyagi shall be released on bail provided he furnish(es) a personal bond in the sum of Rs.20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. 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 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 the previous permission of the trial court.
(DEO NARAYAN THANVI), J.
chauhan/