SB Crlmb No.5789/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.5789/2010. Kedar @ Gudda Vs. State of Rajasthan Date of order : July 7, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajnish Gupta for petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that petitioner has falsely been implicated in the present case for offence under Sections 323, 394, 365-A and 365 IPC. Principal allegation is against his brother Kalla @ Kalua @ Kamlesh @ Rajveer. Even otherwise, there is no allegation that complainant Harilal Meena was forcibly abducted. He has stated in his statement recorded u/S.161 Cr.P.C. that he went by driving his motorcycle with two other persons as pillion riders. There was no demand of ransom by the petitioner and even Kalla stated in his statement that he demanded ransom of Rs.50,000/- from brother of the complainant when he (complainant) called him on his cell. Petitioner was arrested on 4/3/2010. Challan has been filed. Trial of the SB Crlmb No.5789/10. 2 case is likely to take a long. Earlier cases registered against the petitioner are prior to 2006, which are mostly for offence u/S.379 IPC. In between, no criminal case was registered against the petitioner. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Kedar @ Gudda S/o Kalua shall be released on bail in FIR No.18/2010 P.S. Kudgaon, District Karauli for offence u/Ss.323, 394, 364-A and 365 IPC on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial with the stipulation that in case petitioner is again found indulged in committing criminal offence in future, the bail granted to him would be liable to be cancelled at the instance of the prosecution. (MOHAMMAD RAFIQ), J. anil