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SAROJ v STATE - CRLMB Case No. 3023 of 2007  RD-RJ 3325 (12 July 2007)
S.B.CRIMINAL MISC. BAIL APPLICATION NO.3023/2007
State of Rajasthan
DATE OF ORDER : 12-07-2007
HON'BLE MR. JUSTICE H.R.PANWAR
Mr.Sandeep Mehta,for the petitioner.
Mr.Ashok Upadhyay, Public Prosecutor for State.
Heard learned counsel for the petitioner and
Public Prosecutor for the State. Perused the order impugned and the police investigation diary.
The allegation of forging of document i.e.
NOC is not against the present petitioner. The present petitioner purchased a mining lease from its original lessee and therefore there is no allegation of forging of NOC against the present petitioner. Thus, in forging of NOC, there appears to be no role played by the present petitioner.
Having considered the totality of facts and circumstances of the case, I think it just and proper to allow the bail application filed by the petitioner under Section 438 Cr.P.C.
Accordingly, the bail application filed by the petitioner under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Smt. Saroj W/o Chaturbhuj in FIR
No.645/2006 P.S. Rajnagar, District Rajsamand she shall be released on bail for a period till the police concludes the investigation and files the challan provided she furnishes a personal bond in the sum of
Rs.10,000/- along with one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:-
(i)That she shall make herself available for interrogation by a police officer as and when required;
(ii)That 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 and;
(iii)That she shall not leave India without the previous permission of the Court.
The petitioner shall surrender before the trial court on the date of filing of the challan and move a regular bail.
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