CRLMB6689/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6689/2010 Niranjan alias Lakki Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 27.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Harendra Singh, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that offence under Sections 379, 420 and 414 of the IPC and under Section 43/66 of the IT Act, has been lodged against the petitioner whereas the entire prosecution case is based on hazy ground inasmuch as the Chief Manager of the Bank, in his statement, to the police has also stated that unless ATM Card was swapped in the ATM and thereafter password was entered, it was not possible to withdraw the amount. The theory developed by the prosecution that since computer hanged and thereafter functioning of the computer resumed from the same stage, is doubtful especially when it is alleged that the petitioner made withdrawal of such amount from as many as 13 different ATM centers. It is submitted that even otherwise, the recovery of the amount of Rs.4,60,000/- has been made as against the alleged amount of Rs.3,42,500/-. The learned counsel for petitioner submitted that there is no previous case against the petitioner; challan has been filed; CRLMB6689/2010 // 2 // trial of the case will take a long. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Niranjan alias Lakki Son of Satpal on bail under Section 439 Cr.P.C., in FIR No.32/2009, Police Station C.I.D. SOG, Jaipur, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//