LAWS(RAJ)-2023-4-251

PREM PRAKASH BIDIYASAR Vs. STATE OF RAJASTHAN

Decided On April 21, 2023
Prem Prakash Bidiyasar Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with CR No. 288/2015, Police Station Ratanada, Jodhpur East for the offences under Ss. 420, 406, 467, 468 471 and 120B IPC.

(2.) Learned counsel for the petitioners submits that the present petitioners have been falsely implicated in this case. It is argued that the petitioners neither prepared any forged documents nor put any signature of any person for the purpose of cheating. It is submitted that the complainant had misappropriate the money of the company and in this regard, the petitioner no. 1 lodged FIRs against the complainant at different police stations and as a counterblast the complainant has lodged the present FIR against the petitioners. It is also argued that the complainant was removed from the Directorship of company by a resolution and if the complainant is aggrieved by the resolution, the complainant is at liberty to file appeal in accordance with law, therefore, in these circumstances the anticipatory bail should be granted to the petitioner.

(3.) Learned Public Prosecutor as well as counsel for the complainant argued that the present petitioners are the main accused who included their family members as share holders and after creating forged documents and putting fake signatures, removed the complainant from the Directorship. The role of petitioners is clear from the reading of the FIR and it is a clear case of fraud and deceit which is writ large from the documents on record. Therefore, at this stage, no case for grant of anticipatory bail is made out in favour of petitioners.