HAMID KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Miscellaneous Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with F.I.R. No. 51/2018 registered with Police Station Sikri District Bharatpur for the offences punishable under Sections 465, 467, 468, 471, 420 and 120-B of I.P.C.

(2.) It has been contended by learned counsel for the applicant that on the basis of agreement to sale, a civil lis had arisen and applicant had instituted Civil Suit No. 43/2018 before the Court of Civil Judge (Senior Division) No. 2, Nagar, District Bharatpur, the said Civil Court was pleased to pass an interim order and granted stay in favour of the plaintiff-applicant Hamid Khan S/o Shri Jumma against the complainant and others.

(3.) Complainant Jaikam S/o Subhan Khan was a defendant in the said Civil Suit, going contrary to the factum of the Civil Suit, a false F.I.R. has been lodged, which was earlier culminated in F.R. but on subsequent investigation, the Investigating Officer has wrongly apprehended the accused applicant, though he has not committed any offence. Applicant is bona-fide and has brought a Civil Suit also and the Civil Court has granted interim order in favour of the applicant on 14.05.2019, despite he has been arrested, which is not tenable under the law, so he be enlarged on bail.