IN THE HIGH COURT OF JUDICATURE FORRAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6432/2010 Jitendra Singh Vs. State of Rajasthan Date of order : 12/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Surendra Sharma for accused petitioner Mr. G.S.Rathore Public Prosecutor for the State ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that the offence under Sections 406 and 430 IPC has been clubbed with the offence under Sections 384 and 392 IPC only because it is alleged that the petitioner received a sum of Rs. 50000/- from the complainant for ensuring his admission in Resonance Classes. Subsequently, when the complainant did not get admission, the accused petitioner refunded a sum of Rs. 25,000/- to him as per his own admission. Remaining amount has also been returned to the complainant. According to the learned counsel, normal matter has been given the shape of criminal case. On the other hand, learned Public Prosecutor has opposed the bail application, submitting that there are other similar cases pending against the accused petitioner. Taking into consideration entire facts and circumstances of the case and without commenting on the merits of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application is allowed. It is directed that petitioner Jitendra Singh @ Toni S/O Shri Mahendra Singh shall be released on bail in FIR No. 189/2010 of P.S. Jawahar Nagar, Kota on his furnishing a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25000/- 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. It is made clear that if the petitioner is found intimidating the complainant or any witness of the case at any point of time, the bail granted to him in this case and other cases shall be liable to be cancelled at the instance of the prosecution. (Mohammad Rafiq), J. Thanvi