IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6996/2009 Raju & Anr. vs. State of Rajasthan Dated : 16.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sanjay Gangawar, for the petitioners. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Sanjay Gangwar Advocate on behalf of the applicants pertaining to F.I.R. No. 61/2009 at police station Mangrol, District Baran in the offences under Sections 420, 406 and 120-B of IPC. 2. Heard the learned counsel for the petitioners as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioners has canvassed that they have been falsely implicated and are in no way connected with the commission of the alleged offences of the instant case. It is the co-accused Jitendra Kumar, who obtained Rs. 1,76,000/- from Jitendra, Pradeep and Teena. The petitioner and his father Sita Ram have neither obtained the money from the complainant nor induced the complainant to deliver the money. Hence, they may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition primarily on the ground that the act of the cheating has been committed by all the three accused persons namely Jitendra, Raju and Sita Ram. Sita Ram is the father and Jitendra and Raju are his two sons. All the three accused persons are equally involved in committing the offence of cheating, as all these three are alleged to have gone to the house of complainant. Accused Jitendra impersonated himself to be a Head Constable of Police and told that he had good connections with the commandant R.A.C. And he would manage an employment but charge Rs. 80,000/- per person. All these three persons took Rs. 1,76,000/- from Pradeep, Teena and Jitendra. Both the petitioners were also involved in hatching the conspiracy, hence, their bail petition may be dismissed. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, do not deem it just and proper to grant indulgence of bail to the accused petitioner. 6. In the result, the bail petition filed on behalf of the petitioners namely Raju @ Rajesh S/o. Sita Ram; and Sita Ram S/o. Mangi lal under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI),J. Mak/- 11