IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6494/2009 Balaram vs. State of Rajasthan Dated : 28.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Biri Singh Sinsinwar, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Biri Singh Sinsinwar Advocate on behalf of the applicant Balaram pertaining to F.I.R. No. 299/2009 registered at police station Bagru, District Jaipur, in the offences under Sections 420, 406 and 120-B of IPC. 2. Heard the learned counsel for the petitioner and learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated in this case. Whatever documents were being filed by him were genuine. Since the tractor was not financed, nor delivery of tractor was given to him by the agency. Since the tractor was not given to him, no question of recovery of any tractor arises from his possession. There is no evidence on record which could connect the petitioner with the alleged offence of cheating of the instant case. The petitioner has been in custody for quite a long time, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition and contended that said tractor has been recovered unattended from the road. It is not found to be recovered from the possession of the petitioner. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, it is noticed that the owner of the agency is said to have handed over the tractor to the petitioner without it being financed by the finance institution. The story as narrated in the FIR does not seem to be probable, hence, I, without expressing any opinion on the merits of the case but keeping in view all the facts and circumstances of the case, do deem it just and proper to grant bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Balaram S/o. Onkar in F.I.R. No. 299/2009 registered at police station Bagru, District Jaipur, shall be released on bail on furnishing a personal bond of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- 28