- (1.) THIS order governs the bail application filed under Section 438 of Cr.P.C. by Shri Anoop Pareek, Advocate on behalf of the applicant Priyesh Agarwal pertaining to F.I.R. No. 484/2010 of police station Sadar, Jaipur, registered for the offence under Section 381 of IPC.
(2.) HEARD the learned counsel for the petitioner, learned counsel for the complainant as also learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioner canvassed that he is being falsely implicated in the offence of theft of golden and diamond ornaments. He is apprehending his arrest to be made by the police in this case, whereas he has not committed any offence of theft. The fact is that he had a trivial dispute with the owner of the vehicle on petty amount and the complainant, just with a view to teach him a lesson, lodged a false report against him hence, in view of the facts and circumstances, he deserves to be granted indulgence of pre-arrest bail. Learned Public Prosecutor appearing for the State as also the learned counsel for the complainant have vehemently opposed the bail petition on the ground that the petitioner took the complainant's mother to Railway Station and his mother was carrying a bag wherein a box containing golden and diamond ornaments was lying. It seems that when the petitioner took the luggage to Car or when the complainant's mother went to purchase a ticket at the ticket Window, the petitioner must have committed theft of these ornaments. The mother is of the age of 55 years. If the petitioner is granted pre-arrest bail there shall be no recovery of the stolen ornaments, hence, pre-arrest bail should be denied. Having considered the submissions made at the bar and carefully perused the relevant material emerging on record, it is noticed that the driven went to the Station to leave the mother of complainant in his Car. There are certain questions which have sprung for consideration and cast doubt about the veracity of story as designed in FIR. The story lead me to ruminate as to whether any theft of ornaments, in fact, took place from the bag of the complainant's mother. The first question is why the lady was not wearing these ornaments and what made her to carry these ornaments in her bag only?. If they were not to be worn they could be put in the locker. Then what made her to keep these ornaments in her bag? Secondly, why the complainant did not accompany her mother up to Station when she was carrying valuables with her and why did he leave her mother just at the disposal of the driver? Thirdly, no weight of the ornaments has been mentioned in the First Information Report. These are the factors which are causing suspicion over the genuineness of the First Information Report. It is undeniably a matter of investigation and police has got the exclusive domain over the investigation of a criminal case. Be that as it may, I, without expressing any opinion on the merits of the case but keeping in view all the facts and circumstances emerging on record, do feel that it is a fit case wherein the indulgence of pre-arrest bail to the petitioner may be granted and thus, his bail petition may be allowed. In the result, this bail application filed u/s 438 of Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Priyesh Agarwal S/o Shri Prakash Chandra Agarwal in FIR No.484/2010, at Police Station Sadar, Jaipur, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each in the sum of Rs.5,000/- 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. (iv) He will not commit any offence during the period of bail. ;