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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT PRINCIPAL SEAT, JODHPUR
ORDER
In
S.B. Cr. Misc. Bail Appl. No.2757/2009
{Vabhav Napalia Vs. State of
Rajasthan}
Date of Order ::: 24th July, 2009
PRESENT
HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN
Dr. S.S. Jodha, Counsel for petitioner
Shri Ashok Prajapat, PP for the State
Shri Ajay Vyas, Advocate, for
Shri Bheem Kant Vyas, Counsel for complainant
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By the Court:
Heard learned counsel for petitioner as
well as learned Public Prosecutor and perused
the material made available to me during the
arguments of the case.
Learned counsel for petitioner argued
that petitioner is an employee of Citicorp
Finance (India) Limited, which is a non-banking
finance company; the complainant took a loan
from the Company to purchase the vehicle,
however, the payment of installment was not
regular, therefore, vehicle, in dispute, was
seized on 20th November, 2008 with prior
information to the police and further
information was also sent to the police; there
was no goods in the vehicle and now, after a
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delay of more than five-and-a-half-month, the
present FIR has been lodged on 6th April, 2009
with the allegation that goods were lying in
the vehicle and, on that basis, the FIR has
been registered under Section 379 IPC. The
learned counsel for the petitioner contended
that no reasonable explanation has been
mentioned in the FIR about delay in its
lodging, however, the petitioner will make
himself present for interrogation as and when
called upon to do so by the Investigating
Officer; he, therefore, contended that the
petitioner may be granted indulgence of bail
under Section 438 Cr.P.C. in the matter.
The learned Public Prosecutor as well as
the learned counsel for the complainant oppose
the bail application.
Taking into consideration all the facts
and circumstances of the case and without
expressing any opinion on merits and demerits
of the case, I allow this bail application
under Section 438 Cr.P.C.
Therefore, the S.H.O./I.O. of the
Police Station Pratap Nagar (District Bhilwara)
is directed that in the event of arrest of the
petitioner Vabhav Napalia S/o Narainlal Mathur,
presently working in Citicorp Finance (India)
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Limited, Office at 401, Ridhi Sidhi Complex,
Madhuban, Udaipur, in FIR No.199/2009
registered under Section 379 IPC, he shall
enlarge him on bail, provided he furnishes a
personal bond in the sum of Rs.25,000/- (Rupees
twenty five thousand only) with one surety of
the like amount to his satisfaction 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
Court.
(NARENDRA KUMAR JAIN), J.
//Jaiman//