CRLMB4623/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4623/2010 Ram Charan @ Bohara Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 07.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Abdul Rahim Khan, 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 complainant Parmanand is closed relative of accused-petitioner and he has falsely lodged the criminal case against him on allegation that petitioner tried to abduct his younger brother Shambhu Dayal. In order to make the offence graver, the complainant also alleged that he was on duty as constable guard at the residence of C.I. Shri Bhagwat Singh and that the petitioner was pressurizing him to keep a watch over the activities of the C.I. There is no evidence that any such pressure was made by the petitioner over the complainant. This false case has been registered by the petitioner only because complainant happens to be a constable in RAC and wanted to take revenge from the petitioner on account of some family dispute. Subsequently the matter has been compromised between the parties. The petitioner is in jail since 27.02.2010; challan has already been filed; so far previous cases registered against the petitioner are concerned, CRLMB4623/2010 // 2 // they pertain to the years 2006 and 2008 and thereafter the petitioner has been maintaining good conduct. 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, Ram Charan @ Bohara Son of Shri Chhitar Lal on bail under Section 439 Cr.P.C., in FIR No.362/2009, Police Station Mahaveer Nagar, Kota, under Sections 365, 392 and 34 of the IPC, provided he furnishes 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 on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioner is found indulged in similar or any other offence at any point of time in future, the bail granted to him would be liable to be cancelled at the instance of the prosecution. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//