IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.5438/2010 Ramesh Chand Goyal Vs. State of Rajasthan Date of order : 07/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Suresh Charan for accused petitioners Mr. Amit Poonia, Public Prosecutor for the State ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. The contention of the learned counsel for the accused petitioner is that the allegation of deceiving complainant Navneet Goyal is against the son of the petitioner, namely co-accused Chakshu Goyal. Petitioner has been falsely involved in the instant case only because of his failure to persuade his son to return the money to the complainant. It has come in the evidence collected during investigation that the complainant approached the petitioner and requested him either to give him employment or to refund his money. The petitioner tried his best to persuade his son, but he failed in his efforts. Learned counsel argued that it is no ground to implicate the petitioner because co-accused himself is individually responsible for his own act. Nothing has to be inquired from the petitioner. He has been in Jail since 22.5.2010. In this back- ground, learned counsel argued that petitioner deserves to be extended the benefit of Section 439 Cr.P.C. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Ramesh Chand Goyal S/O Shri Laxmi Chand Goyal shall be released on bail in F.I.R. No. 166/2010, Police Station, Deoli, district Tonk on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. Thanvi