[2025:RJ-JP:3636] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11188/2024 Chhoti Devi W/o Sh. Chhotelal Bairwa, R/o Village Bairabanda, Tehsil Rajgardh. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Sangeeta Kumari Sharma For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. The instant pre-arrest bail application has been filed under Section 482 B.N.S.S. filed on behalf of the petitioner, who is having apprehension of arrest in FIR No.548/2023 registered at Police Station Aravali Vihar, District Alwar for the offences under Sections 420, 406 & 120B of IPC. 2. Learned counsel for the petitioner submits that petitioner, who is female, has falsely been implicated in this case. Learned counsel submits that essentially, there is civil dispute between the parties. Prior to lodging the FIR, a civil suit was filed by the petitioner against the complainant wherein after hearing both the parties, an interim order was passed in favour of the petitioner vide order dated 01.07.2023 and complainant was restrained from creating third party right. Learned counsel submits that interim order dated 01.07.2023 is still in force. It is submitted that after losing the case before civil court, complainant lodged FIR on [2025:RJ-JP:3636] (2 of 3) [CRLMB-11188/2024] 17.08.2023 for the offences under Sections 420, 406 & 120B of IPC. Learned counsel argues that penal provisions have grossly been misused by the complainant and he wants to settle the civil dispute in the garb of criminal investigation. It is argued that entire offence is based on documents and the same are in possession of investigation agency. It is argued that custodial interrogation of the petitioner is not required in this matter. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the counsel for the petitioner and especially the fact that a civil dispute is going on between the parties and an interim order is also operating in favour of petitioner, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the pre-arrest bail application. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Aravali Vihar, District Alwar in FIR No. 548/2023 is directed that in the event of arrest of the petitioner - Chhoti Devi W/o Sh. Chhotelal Bairwa, she shall be released on bail, provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to their satisfaction on the following conditions:- (i). that the petitioner shall make herself available for interrogation by a police officer as and when required; (ii). that the petitioner shall not directly or indirectly make any inducement, threat or [2025:RJ-JP:3636] (3 of 3) [CRLMB-11188/2024] 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 CHARU SONI /294